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LAWS
OF THE
STATE OF DELAWARE
PASSED AT A
Special Session Of The
One Hundred and Fourth
General Assembly
COMMENCED AND HELD AT DOVER
On Tuesday, November 15, A. D.
1932
AND
IN THE YEAR OF THE INDEPENDENCE OF THE UNITED STATES
THE ONE HUNDRED AND FIFTY- SEVENTH
VOLUME XXXVIII- PART I
J. LAURANCE BANKS, INCORPORATED
WILMINGTON, DELAWARE
1933

LAWS
OF THE
STATE OF DELAWARE
PASSED AT A
Special Session Of The
One Hundred and Fourth
General Assembly
COMMENCED AND HELD AT DOVER
On Tuesday, November 15, A. D.
1932
AND
IN THE YEAR OF THE INDEPENDENCE OF THE UNITED STATES
THE ONE HUNDRED AND FIFTY-SEVENTH
VOLUME XXXVIII-PART I
J. LAURANCE BANKS, INCORPORATED
WILMINGTON, DELAWARE
1933
.
LAWS of DELAWARE
TITLE SIX
State Officers and Commissions
CHAPTER 1
PART 1
AN ACT to Relieve the People of the State from the Hardships
and Suffering caused by Unemployment, creating and organ-izing
for such purpose a Temporary Emergency Relief Com-mission,
prescribing its powers and duties, making an
appropriation for its work, supplying deficiencies in the Gen-eral
Fund of the State by directing the payment of the pro-ceeds
of Corporation Franchise Taxes into the General Fund,
and authorizing the State Highway Department to perform
work as an independent contractor for the purpose of pro-viding
relief hereby contemplated.
Be it enacted by the Senate and House of Representatives of
the State of Delaware in General Assembly met:
Section 1. Declaration of Emergency. That the public
health and safety of the state and of each county, city and town
therein are imperilled by the existing and threatened deprivation
of a considerable number of their inhabitants of the necessaries of
life, owing to the present economic depression and the long con-tinued
abnormal degree of unemployment resulting therefrom.
Such condition is hereby declared to be a matter of public con-cern,
state and local, and the correction thereof to be a state,
county, city and town purpose, the consummation of which re.
3
4 CHAPTER 1
STATE OFFICERS AND COMMISSIONS
quires the furnishing of public aid to individuals. While the duty
of providing aid for those in need, because of involuntary unem-ployment
or for other reasons, is primarily an obligation of the
local communities, nevertheless, it is the finding of the state that
in the existing emergency the relief and assistance provided for
by this act are vitally necessary to supplement the relief work
accomplished or to be accomplished locally and to encourage and
stimulate local effort in the same direction. This act, therefore, is
declared to be a measure for the public health and safety and
occasioned by an existing emergency. The provisions of any gen-eral,
special or local law which are inconsistent with this act or
which limit or forbid the furnishing of such assistance as is pro-vided
by this act to such persons as are permitted by this act to
receive the same shall not apply to the relief authorized by this
act.
Section 2. Definitions. That as used in this act the follow-ing
words and phrases shall have the meanings respectively
ascribed to them in this section, viz:
"Commission" means the temporary state agency created by
this act, to be known as the temporary emergency relief commis-sion:
"Relief director" means the respective members of the ad-ministration
who are designated by the Commission at the time
of their appointment as Relief Directors for the City of Wilming-ton,
rural New Castle County, Kent County and Sussex County :
"County committee" means the committee provided by this
act to be created in each county of the state to cooperate with the
relief director of the county in the performance of his duties
under the supervision of the commission :
"Work relief" means wages paid by or under the supervision
of the commission to persons who are needy and involuntarily
unemployed or whose employment is inadequate to provide the
necessaries of life for themselves and their dependents, from
CHAPTER 5
STATE OFFICERS AND COMMISSIONS
money appropriated by this act or contributed under the provi-sions
of this act, for the performance of services or labor con-nected
with work undertaken by or under the supervision of the
commission:
"Direct relief" means food, shelter, clothing, fuel, light and
other absolute necessities furnished under the provisions of this
act, by or under the supervision of the commission, to needy per-sons
or their dependents in their abode or habitation whenever
possible:
"Emergency period" means the period between the first day
of November, nineteen hundred thirty-two, and the thirty-first
day of October, nineteen hundred thirty-three, or such extension
of such period as may be made by the Governor under the author-ity
of this act or by the General Assembly, or such shorter period
as may be fixed by the Governor by his termination of the exist-ence
of the commission on thirty days' notice in accordance with
the provisions of this act.
Section 3. Administrative Authority. The administration
of the emergency relief provided by this act shall be vested in a
temporary state agency, to be known as the Temporary Emerg-ency
Relief Commission, to consist of eight members to be ap,
pointed by the Governor from the citizens of the State of Delaware
at large, each county of the state to be represented on said com-mission,
and the members of said commission at all times to be
equally divided between the two principal political parties in this
state and to serve not beyond the thirty-first day of October,
nineteen hundred thirty-three, unless specifically authorized by
the Governor to serve for a specified longer period that shall not
extend beyond the thirtieth day of April, nineteen hundred thirty-four.
The said commission shall designate four of its members
as Relief Directors, one of whom shall be a resident of and shall
be designated as Relief Director in and for the City of Wilming-ton;
one of whom shall be a resident of, and shall be designated
as Relief Director in and for rural New Castle County ; one of
STATE OFFICERS AND COMMISSIONS
whom shall be a resident of, and shall be designated as Relief
Director in and for Kent County ; one of whom shall be a resident
of, and shall be designated as Relief Director in and for Sussex
County, but not more than two of whom shall be members of the
same political party. Any vacancy occurring for any cause among
any of the members of the commission shall be filled by appoint-ment
by the Governor upon the recommendation of the remaining
members of the commission of the political party to which the
member causing the vacancy belonged. The commission shall or-ganize
immediately upon the appointment of its full member-ship
by the election from its members at large of a Chairman, a
Vice-Chairman, and a Secretary-Treasurer who shall perform the
ordinary duties of both a secretary and a treasurer. It shall, at
its meeting for organization, select a place within the state for the
establishment of its central office. If suitable space should be
available in a building owned or controlled by the state in such
place, the custodian of such building shall on request of the com-mission
assign such space for the use of the commission for its
central office. If no such space be available the commission may
rent suitable space for its central office by a lease terminable on
thirty days' notice. The commission may employ and at pleasure
remove an assistant secretary and such other clerical assistance
in the central office as it may deem necessary and may fix the
compensation of all such employees. The total expenses of the
central office for the emergency period, however, including the
actual and necessary traveling and other expenses incurred by
the members of the commission shall not exceed the sum of
Twenty-five Thousand Dollars, unless such sum be hereafter
increased by the General Assembly by reason of an extension by
that body of the emergency period. Each member of the commis-sion,
before entering upon the duties of his office, shall take and
subscribe the constitutional oath of office and file the same in the
office of the Secretary of State. The members of the commission
shall receive no compensation for their services hereunder but
shall be allowed their actual and necessary traveling and other
expenses incurred by them in the performance of their duties.
The commission shall continue to function only during the emer-gency
period, except that it may complete projects for furnishing
6 CHAPTER 1
CHAPTER 1
STATE OFFICERS AND COMMISSIONS
work relief begun prior to the expiration of such period and may
complete the accounting of its administration of the emergency
relief provided by this act.
Section 4. Nature of Relief Provided. The emergency re-lief
provided by this act shall be confined to work relief and direct
relief. No money shall be paid to any person for direct relief and
no money shall be paid to any person for work relief except in the
form of day's wages for day's work or hour's wages for hour's
work. The payment of any money to any person in the form of a
dole is hereby prohibited. All work relief payable under this act
shall be inalienable by assignment or transfer and shall be exempt
from levy and execution under the laws of this state.
Section 5. Plans for Relief and Method of Providing Work
Relief. The commission shall study the report made to the
Governor, under date of September thirtieth, nineteen hundred
thirty-two, by the "Unemployment Relief Commission" and such
other sources of information with respect to the needs for public
relief within this state as may be available and shall as soon as
possible after its organization, and from time to time thereafter,
formulate plans for furnishing work relief and direct relief to
meet the needs of the several counties of the state. To provide
work relief where needed, the commission may undertake and
complete any work of a public nature useful to be done either for
the state, or any political sub-division or agency thereof, or any
institution supported wholly or partly by the state, provided such
work is not otherwise contemplated to be done, does not interfere
or conflict with the duties of any other department, agency or
political subdivision of the state, does not include the erection or
reconstruction of, or any additions to any public buildings, and
is consented to by the governing authority of any political sub-division
of the state whose consent is necessary to be obtained.
Any such work undertaken by the commission must be of a
character that will require a high percentage of wage cost to total
cost and will require exclusively hand labor so nearly as possible.
To provide such work, the commission may become a sub-contrac-
7
8 CHAPTER 'I
STATE OFFICERS AND COMMISSIONS
tor or an assignee of a general highway contractor within this
State, and, to perform such work, may act in either such capacity
even though such sub-contract or assignment will result in a loss
to the commission. All money received by the commission from
any such sub-contract or assignment shall be deposited in the
state treasury and shall be considered and disposed of as a part of
the money appropriated by this act.
Section 6. Duties of Relief Directors and County Commit-tees.
The general direction and control of the furnishing of the
emergency relief provided by this act in each of the counties of
the state shall be confided to the relief director for the county,
under the supervision of the commission. Each relief director
shall receive from, or upon authorization of, the commission all
state funds and funds otherwise contributed to the commission for
the emergency relief provided by this act that are allocated by the
commission to his county and shall disburse the same in his
county for such work relief and direct relief as shall have been
approved by the commission and in such manner as shall be in ac-cordance
with the provisions of this act and with such rules as
shall be made by the commission under the authority of this act.
Each relief director shall also establish necessary office facilities
in his county for the administration therein of the emergency
relief provided by this act and shall employ such assistants and
purchase such office furniture and supplies as may be necessary
to carry out the purposes of the act, all under the supervision of
the commission. The expense of such office facilities, furniture,
supplies and assistants in each county shall not exceed per month
such amount as the commission shall from time to time deter-mine.
It shall be the duty of each relief director to establish an
effective system of investigation and to employ a suitable num-ber
of investigators and checkers to detect imposters and to pre-vent
furnishing work relief or direct relief to those not eligible to
receive it under this act. But no relief director shall be held per-sonally
liable for impositions, or for the furnishing of work relief
or direct relief to those not eligible to receive it, except such as
may be due to his gross carelessness or wilful neglect in the per
C HA P T ER 1 9
STATE OFFICERS AND COMMISSIONS
formance of his duties. Each relief director shall organize in his
county a county committee to be composed of the members of the
citizens' relief committees now in existence in the several incor-porated
cities and towns of the county and such citizens' com-mittees
as may hereafter be appointed, in cities and towns in
which no such committees now exist, by the chief executive offi-cers
of such cities and towns, respectively, at the request of such
relief directors, and such county committee shall also contain
such number of members, to be appointed by the relief director
from the county outside of incorporated cities and towns, as the
relief director may from time to time deem necessary. The func-tions
and duties of the county committee in each county shall be
to raise by subscription within the county the sum of monek
which is hereinafter required to be furnished by each county, or
the people thereof, in order that the commission may be empow-ered
to disburse for direct relief in the county any part of the
money hereby appropriated for the emergency relief provided by
this act ; and also to cooperate and advise with the relief director
of the county with respect to any matter or thing concerning
which he may from time to time request their cooperation and
advice in connection with the administration in the county of the
emergency relief provided by this act. Neither the relief direc-tors
nor members of county committees shall receive any com-pensation
for their services. The necessary expenses of relief di-rectors
shall be considered as expenses incurred by them as mem-bers
of the commission. No expenses of county committees, or the
members thereof, if any such expenses should be incurred, shall
be paid out of any money appropriated by this act or out of
any money contributed to the commission, under the provision of
this act, from the counties respectively.
Section 7. Eligibility for Relief. In furnishing work relief
and/or direct relief under this act no discrimination shall be made
against any applicant on the grounds of race, color, religious be-lief,
or political affiliation. No such relief shall be furnished ex-cept
to persons who are in actual need and who are involuntarily
out of employment yet capable and willing to work, or whose
STATE OFFICERS AND COMMISSIONS
employment is not sufficiently remunerative to provide the neces-saries
of life for themselves and their dependents, and who have
been residents of the state for at least one year immediately
prior to their applications for relief. The following classes of per-sons
shall not be eligible for relief under this act, viz.,those
who receive old age pensions from the state ; those who receive
Mothers' Aid from the state; those who are listed in the State
Tax Office as physically or mentally incapacitated from earning a
living ; those who are incapable of undertaking any regular work ;
those who have never been regularly employed and have been in
whole or in part charges upon the community ; those who are pro-vided
for by law, private charity or otherwise.
Section 8. Rules. The commission shall make and enforce
rules, in accordance and consonance with the provisions of this
act, which will best promote the efficiency and effectiveness of the
relief which this act is intended to furnish. None of the money
appropriated or provided for by this act shall be expended or al-lowed
except in accordance with such rules. A certified copy of
such rules shall be filed in the office of the Secretary of State, a
copy thereof shall be sent to each member of the county commit-tees
of the several counties, a copy shall be posted in each of at
least five public places in each county, and the rules shall be pub-lished
three times in a daily newspaper published in and having a
general circulation throughout the state. The rules so made, cer-tified,
filed, posted and published shall have the force and effect
of law.
Section 9. Relating to the Furnishing of Relief. For the
purpose of furnishing work relief where needed, the commission
shall be empowered to purchase, or authorize the purchase, of all
such tools, materials andt'or supi)lies as may be necessary for the
completion of the work undertaken by the commission and, when-ever
deemed necessary, to provide compensation insurance for
persons employed. Upon the termination of the emergency period
and the completion of all work undertaken by the commission for
the purpose of furnishing work relief under the provisions of this
10 CHAPTER 1
STATE OFFICERS AND COMMISSIONS
act, the commission shall deliver all toots acquired hereunder and
all unused materials and supplies to the Chief Engineer of the
State Highway Department of the state for use by that depart-ment.
In purchasing such tools, materials and/or supplies, as well
as in purchasing or authorizing the purchase, by orders issued
for that purpose or otherwise, of goods, wares, merchandise or
other commodities or services for the purpose of furnishing di-rect
relief, the commission shall, in so far as practicable, make
purchases from merchants of this state and confine its purchases
to products of this state. In furnishing work relief the wages
paid shall be so nearly as possible at the full current rate, in the
community in which they are paid, for similar tasks and such
wages shall be paid weekly in cash or by cheek.
Section 10. Contributions. Contributions may be received
or obtained by the Commission or by the Relief Directors from
any source whatsoever and the same may be used in and credited
to his district subject as above stated, to the supervision and con-trol
of the Commission, unless the donor thereof otherwise so ex-press.
None of the public money of the state appropriated by this
act for the emergency relief provided by this act shall be furnished
or used for direct relief in any county of the state unless the
county committee of such county contributes to the commission
in money each month an amount equal to twenty per
centum of the whole amount of money furnished by the com-mission
for direct relief in the county during such month ; and
none of such money of the state appropriated by this act shall
be furnished for direct relief in any county during any month
when the county committee for the county shall be in default in
its obligation to contribute, as hereinabove provided, for the next
preceding month. For the first month or fraction of a month of
operation under this act, the commission may, if necessary, esti-mate
the amount of the contribution to be made by each county
committee, under the provisions of this act, and thereafter the
contribution for such period shall be correctly adjusted. All con-tributions
of money made to the commission by others than
county committees shall be credited by the commission to the
CHAPTER 1 11
12 CHAPTER 1
STATE OFFICERS AND COMMISSIONS
county committees, respectively, of the counties in which the re-spective
donors reside or are located, for the purpose of deter-mining
whether the county committees have made the contri-butions
hereby required as conditions precedent to the furnishing
of direct relief under the provisions of this act in the counties re-spectively.
All contributions of money made to the commission
shall be deposited in the state treasury, shall be added to the
money appropriated by this act and shall be paid out by the State
Treasurer as is hereinafter provided with respect to the money
of the state appropriated by this act. The commission shall be
authorized at any time to use, for the purpose of furnishing direct
relief in any county, money contributed to it from the county in
which it is used, regardless of whether or not the amount so used
exceeds for the month in which it is used the twenty per centum
required by this act. Upon the termination of the emergency
period all money contributed hereunder and remaining undis-tributed
for relief hereunder shall be paid over by the State Treas-urer
upon the authorization of the commission to the county com-mittees,
respectively, of the counties from which such money was
contributed. In addition to contributions of money, the commis-sion
shall be authorized to receive contributions of office space,
office furniture, supplies, food, clothing, and all other goods,
wares and merchandise and personal or other services useful in
furnishing the emergency relief provided by this act and to make
use of the same, in the commission's discretion, in carrying out
the purposes of this act. Contributions of things, other than
money, when accepted by direction and consent of the commission,
may be credited to the twenty per centum hereinabove referred to
at such amount as a majority of the whole commission shall de-termine
based upon the current market price of the commodity or
article offered and accepted. Upon the termination of the emerg-ency
period all contributions of other things than money, remain-ing
undisposed of under the provisions of this act, shall be sold
by the commission and the proceeds paid over to the county
committees, respectively, of the counties from which the contri-butions
sold were contributed.
STATE OFFICERS AND COMMISSIONS
Section 11. Records, Accounts and Reports. The commis-sion
and the relief directors shall keep true and accurate accounts
of all money, and of all contributions of other things than money,
received and accepted under the provisions of this act, including
money provided by the state hereunder and contributions of
money received from others, and also of all expenditures made ;
and shall also keep faithful records of their acts and proceedings
hereunder. Such accounts and records shall be audited at regular
periods by a certified public accountant selected by the Governor,
who shall report directly to him and shall also send a copy of his
reports to the Auditor of Accounts of the state. The commission
shall make interim reports to the Governor, from time to time, if
called upon by the Governor so to do.
Section 12. Blank Forms. The commission shall prescribe
and furnish such forms of records, accounts, 'reports, applications
and other forms as it may deem advisable for the proper enforce-ment
and administration of the provisions of this act.
Section 13. General Powers of Administration. In carry-ing
out any of the provisions of this act, the commission, and any
person duly authorized or designated by it, may conduct any in-vestigation
pertinent or material to the furtherance of its work.
The commission and each person so authorized is hereby empow-ered
to subpoena witnesses, administer oaths, take testimony
and compel the production of such books, papers, records and doc-uments
as may be relevant to any such investigation. Subpoenas
shall be served by the Sheriffs of the counties in which the wit-nesses
reside. The commission shall have and may exercise such
other powers as may be necessary to carry out the provisions of
this act, including the power to call upon any Department of the
state government for information deemed by the commission to
be relevant to the performance of its duties hereunder, and every
such Department is hereby authorized and directed to furnish
such information to the commission, or its duly authorized rep-resentative,
upon request.
CHAPTER 1 13
STATE OFFICERS AND COMMISSIONS
Section 14. Dissolution of Commission on Completion of
Work. The commission shall be dissolved and cease to function
upon the termination of the emergency period or so soon there-after
as it shall have completed all work previously undertaken
for the purpose of furnishing work relief and settled its obliga-tions
and completed its records and accounts. Upon such dissolu-tion
all unexpended money of the State hereby appropriated for
the purpose of furnishing the emergency relief provided by this
act shall fall into and become a part of the general fund of the
state and shall be so credited ; and all other money then deposited
in the State treasury under the provisions of this act shall be dis-posed
of as elsewhere herein provided ; likewise all tools, ma-terials,
supplies and other property remaining unconsumed and
directly or indirectly in the physical possession and control of the
commission shall be disposed of as elsewhere herein provided.
The commission shall require such final reports from relief direc-tors
and county committees as it shall deem necessary and shall,
after receipt and audit of such reports, make its own full and final
report to the Governor of its administration of the emergency
relief provided by this act and of its acts and doings hereunder,
and shall at the same time deliver to the Secretary of State all its
books, papers, files, records and documents, which shall be pre-served
in the office of the Secretary of State.
Section 15. Liberal Construction. This act shall be lib-erally
construed to the end that the work of the commission shall
be consummated as equitably and expeditiously as practicable.
Section 16. Violations and Penalties. A violation of any of
the provisions of this act or of any rule of the commission, subse-quent
to the certification, filing, posting and publishing of such
rule as provided herein, shall constitute a misdemeanor and shall
be punishable by a fine of not less than one hundred dollars or
more than one thousand dollars or by imprisonment for not more
than one year or by both such fine and imprisonment. The penal-ties
prescribed by this Section shall not be exclusive, and if a rule
14 CHAPTER 1
STATE OFFICERS AND COMMISSIONS
be not obeyed, the commission, by the exercise of any power
conferred by this act, may carry out its provisions.
Section 17. Inconsistent Statutory Powers or Duties. If a
statute, general or special, or any local law or ordinance confers a
power, prescribes a duty, or imposes a restriction inconsistent
with this act or with a rule of the commission made pursuant to
this act, such power shall not be exercised or such duty or restric-tion
enforced during the emergency period.
Section 18. Appropriation for Emergency Relief. The sum
of Two Mil/ion Dollars ($2,000,000.00), or so much thereof as may
be needed, is hereby appropriated out of the general fund of the
State for the purposes of this act, One Million Dollars thereof
shall be available for use immediately upon the approval of this
Act, and the remainder thereof, being One Million Dollars, shall
be available for use on the first day of April, A. D. 1933, and the
proceeds of the Franchise Tax, as established by Article 8, Chap-ter
6, of the Revised Code of Delaware, and assessed and collected
thereunder for the use of the state, shall be paid by the State Tax
Department to the State Treasurer to be by him deposited in the
general fund of the state, until the aggregate of such payments
shall amount to the sum of One Million Dollars ($1,000,000.00),
whereupon the State Treasurer shall certify the fact to the State
Tax Department, and upon such certification, the State Tax De-partment
shall pay said franchise tax to the State Treasurer to be
used by the State Board of Education as is now provided by 105,
Section 68, Chapter 6, Volume 36, Laws of Delaware. The provi-sions
of 105, Section 68, Chapter 6, Volume 36, Laws of Delaware,
and the provisions of paragraph numbered 4, Section 58, Article
XIII, Chapter 160, Volume 32, Laws of Delaware and all other acts,
insofar as they may relate to and are in conflict with the payment
of the proceeds of the franchise tax by the State Tax Department
to the State Treasurer to be by him deposited in the general fund
as hereinbefore provided are declared to be and are hereby sus-pended
until the State Treasurer shall have certified to the State
Tax Department that the sum of one million dollars ($1,000,-
000.00) has been deposited by him in the general fund as herein-
CHAPTIL 1 15
16 CHAPTElt
STATE OFFICERS AND COMMISSIONS
above provided ; and, upon such certification, the said above men-tioned
provisions of said acts, so as aforesaid declared to be sus-pended,
shall again be in full force, operation and effect.
Section 19. Additional Work Relief. For the purpose of
furnishing work relief in addition to that hereinabove provided
for, the State Highway Department of this state is hereby au-thorized
and empowered to execute and perform as an indepen-dent
contractor the work of clearing, grubbing, grading, planting
trees and drainage incident to the acquisition, construction and
improvement of State Highways, provided, however, that only
such persons shall be employed on such work as are certified to
the State Highway Department by the relief director of the City
of Wilmington, or of rural New Castle County, or of Kent County,
or of Sussex County, in whose jurisdiction such work is done and
such persons shall be employed only for such periods of time as
the said relief director shall certify, but this provision shall in no
wise prevent the employment of private contractors for such work,
provided, however, that the commission shall first approve the
names of the persons to be employed either by said State High-way
Department or said private contractors and shall determine
the duration of time during which said employment shall continue.
The powers hereby conferred shall be in addition to and not in
limitation of the powers heretofore conferred by law upon the
State Highway Department and the powers hereby conferred
shall cease upon the termination of the emergency period.
Section 20. Constitutionality. If any clause, sentence,
paragraph, or part of this act shall for any reason be adjudged by
any court of competent jurisdiction to be invalid, such judgment
shall not affect, impair or invalidate the remainder of this act
but shall be confined in its operation to the clause, sentence,
paragraph or part thereof directly involved in the controversy in
which such judgment shall have been rendered.
Section 21. Time of Taking Effect. This act shall take
effect immediately.
Approved December 1, 1932.
TITLE NINE
Building and Loan Associations
CHAPTER 2
AN ACT to Amend an Act Entitled "An Act in Relation to Build-ing
and Loan Associations and Regulating the Business of
such Associations", Being Chapter 107, Volume 32, Laws of
Delaware, as Amended.
Be it enacted by the Senate and House of Representatives of
the State of Delaware in General Assembly met:
Section 1. That Section 7 of Chapter 107, Volume 32 Laws
of Delaware, as amended, be and the same is hereby further
amended by striking out all of the said Section 7, as amended, and
inserting in lieu thereof the following:
Section 7. The funds of a Building and Loan Association
existing under the laws of this State shall not be invested in any
corporation stocks, provided that nothing herein contained shall
prevent a Building and Loan Association from purchasing and
acquiring stock in the Federal Home Loan Bank under the provis-ions
of the Act of Congress known as the Federal Horne Loan
Bank Act; provided, further that nothing herein contained shall
prevent a Building and Loan Association from acquiring any
corporation stock to secure itself against loss of money owing to
it by any borrower. Such stock so acquired under the last pre-ceding
clause shall be sold within sixty days after the State Bank
Commissioner shall direct.
It shall be lawful for any Building and Loan Association
heretofore or hereafter incorporated under the laws of this State
to become a member of the Federal Home Loan Bank, organized
or to be organized in the District in which such Building and
Loan Association is located, under the provisions of the Act of
Congress known as the Federal Home Loan Bank Act, approved
July 22, A. D. One Thousand Nine Hundred and Thirty-Two, and
such Building and Loan Association may subscribe for, purchase,
hold and surrender, from time to time, such amounts of the
17
18 CHAPTER 2
BUILDING AND LOAN ASSOCIATIONS
capital stock of such Federal Home Loan Bank as such Building
and Loan Association may deem advisable, or as may be required
under said Federal Home Loan Bank Act, or any Amendment
thereof, in order to obtain and continue such membership, and
upon the purchase of such stock to assume the liabilities and be-come
entitled to the benefits recited in said Federal Home Loan
Bank Act.
Any Building and Loan Association doing business within
the bounds of this State may borrow money and secure the same
by the issuance of certificates of indebtedness or other corporate
obligations, provided that the amount borrowed shall not at any
time exceed, in the aggregate, thirty per cent of the dues actually
paid in on the shares of the Association and shall not bear a high-er
rate of interest than Six Per Cent per annum.
Any Building and Loan Association doing business within
the bounds of this State may secure advances from the Federal
Home Loan Bank by the assignment or pledge of any mortgage,
mortgages, or other assets, held by such Building and Loan Asso-ciation
and such Building and Loan Association is hereby author-ized
in securing said advances to comply with such regulations,
restrictions and limitations as the Board of the Federal Home
Loan Bank may prescribe.
No more than fifty per centum (50%) of the paid in dues of
any Building and Loan Association doing business within the
boundaries of this State shall be loaned on real estate security
on other than first liens.
Approved November 22, 1932.
CHAPTER 3
RESOLUTIONS
WHEREAS, the members of the General Assembly of the
State of Delaware have been informed by communication from
the Governor of the State of Delaware that the situation in so far
as direct relief is concerned in the Wilmington area is very tense
and that the time has come for immediate action relating thereto,
as the relief units of the Mayor's Committee have been forced to
close operations because many merchants, in and about the City
of Wilmington, are no longer able or willing to honor orders issued
by the said Committee; therefor
Be it resolved by the Senate and House of Representatives of
the State of Delaware in General Assembly met:
That the sum of Seventy-five Thousand Dollars be and the
same is hereby appropriated out of the General Fund of the State
Treasury from funds not otherwise appropriated to be expended
under the supervision and control of the Lieutenant Governor of
the State of Delaware and the Speaker of the House of Repre-sentatives
of the State of Delaware for the purpose of providing
relief for those of our citizens who are in dire distress as a result
of unemployment.
The State Treasurer is hereby authorized and directed to pay
said sum on warrant signed by the said Lieutenant Governor and
Speaker of the House and approved by the Auditor of Accounts.
The money hereby appropriated shall be refunded to the
State Treasury from any funds that may be hereafter appro-priated
by the General Assembly for Emergency Relief.
Approved November 22, 1932.
19
20
CHAPTER 4
RESOLUTIONS
WHEREAS, the present Special Session will be the last Ses-sion
of the General Assembly of the State of Delaware to be held
in these Assembly Rooms and Legislative Chambers wherein the
Senate and House of Representatives are now sitting; and
WHEREAS, the desks and chairs now used by the respec-tive
members of the Senate and House of Representatives will
not be used in the new Legislative Building wherein the General
Assembly will hereafter assemble and have its sessions ; and
WHEREAS, the said desks and chairs are apparently of no
further use to the State of Delaware and could not be disposed of
at public or private sale at any price or prices worth consider-ing;
and
WHEREAS, each member of the General Assembly now in
Special Session naturally has some sentiment or feeling of attach-ment
for the particular desk and chair in the Senate or House of
Representatives, as the case may be, which he has used and oc-cupied
at this last session in these Legislative Chambers ; there-fore
Be it resolved by the Senate and House of Representatives of
the State of Delaware in General Assembly met:
That, upon the adjournment sine die of the present Special
Session of the General Assembly of the State of Delaware, each
member of the Senate and House of Representatives shall be
permitted, if he so desires, to take the particular desk and chair
which he has used and occupied in the Senate or House of Repre-sentatives,
as the case may be, at this Special Session of the Gen-eral
Assembly, and the person or persons having the custody or
control or possession of the said desks and chairs at the final ad-journment
of this Special Session of this General Assembly is or
are hereby authorized, empowered and directed to deliver to any
member of the Senate or House of Representatives desiring the
CHATTER 4
RESOLUTIONS
same, the desk and chair used and occupied by such member at
this Special Session, provided, nevertheless that any such mem-ber,
so desiring said desk and chair as aforesaid, shall remove the
same within ten days after the final adjournment of this present
session.
Approved December 1, 1932.
21
22
PROCLAMATION OF THE GOVERNOR
STATE OF DELAWARE
EXECUTIVE DEPARTMENT
PROCLAMATION
WHEREAS, Section 16 of Article III of the Constitution of
the State of Delaware provides that
"He, (the Governor of the State of Delaware)may
on extraordinary occasions convene the General As-sembly
by proclamation."
AND WHEREAS; due to the financial and business depres-sion
throughout the Nation, widespread unemployment exists in
the State of Delaware, and as a result thereof an extraordinary
occasion within the meaning of said constitutional provision has
arisen and now exists ;
THEREFORE, by virtue of the authority vested in me by
said Section 16 of Article III of the Constitution of the State of
Delaware, I, C. D. Buck, Governor of the State of Delaware, do
issue this, my proclamation:
That the General Assembly of the State of Delaware shall
convene at Dover, the Capitol of the said State, on Tuesday, the
fifteenth day of November, A. D. 1932, at 12:00 o'clock noon, to
consider and act upon the following matters and subjects of legis-lative
business for relief of the existing conditions resulting
from said unemployment ;
1To consider ways and means whereby certain moneys may
be secured and set aside for the purpose of providing relief for
the people of this State from the hardships and suffering caused
by unemployment, without the necessity of any additional tax-ation.
23
PROCLAMATION
2To consider an amendment to "An Act in relation to
Building and Loan Associations and regulating the business of
such associations" being Chapter 107, Volume 32, Laws of Dela-ware,
to the end that the funds of such associations existing
under the laws of this State may be invested in the Home Loan
Bank created under the laws of the United States of America in
accordance with the provisions of the Act of Congress creating
said Home Loan Bank.
IN WITNESS WHEREOF, I have hereunto set my hand and
caused the Great Seal of the State of Delaware
to be affixed, at Dover, this fourth day of No-vember,
in the year of our Lord one thousand
nine hundred and thirty-two and of the Inde-pendence
of the United States the one hundred
and fifty-seventh.
By the Governor:
C. D. BUCK.
CHARLES H. GRANTLAND,
Secretary of State.
LAWS
OF THE
STATE OF DELAWARE
PASSED AT THE
One Hundred And Fourth
Session of the General Assembly
COMMENCED AND HELD AT DOVER
On Tuesday, January 3, A. D.
1933
AND
IN THE YEAR OF THE INDEPENDENCE OF THE UNITED STATES
THE ONE HUNDRED AND FIFTY-SEVENTH
VOLUME XXXVIII-PART II
LAWS of DELAWARE
TITLE ONE
Construction of Statutes
CHAPTER 1
PART II
AMENDMENT TO CONSTITUTION
AN ACT proposing an Amendment to Section 28 of Article IV of
the Constitution of the State of Delaware, relating to Writ
of Error.
Be it enacted by the Senate and House of Representatives of
the State of Delaware in General Assembly met (two-thirds of
all the members elected to each House agreeing thereto):
Section 1. That Section 28 of Article IV of the Constitution
of the State of Delaware be amended so as to read as follows :
"Section 28. No writ of error shall be brought upon any
judgment heretofore confessed, entered or rendered, or upon any
judgment hereafter to be confessed, entered or rendered, but
within six months after the confessing, entering or rendering
thereof; unless the person entitled to such writ be an infant, non
compos mentia, or a prisoner, and then within six months ex-clusive
of the time of such disability."
Approved April 20, 1933.
27
28
CHAPTER 2
AMENDMENT TO CONSTITUTION
AN ACT proposing an Amendment to Section 17, of Article 2, of
the Constitution of the State of Delaware, relating to the
Sale of Lottery Tickets, Pool Selling and Other Forms of
Gambling.
Be it enacted by the Senate and House of Representatives of
the State of Delaware in General Assembly met (two-thirds of
all the members elected to each House agreeing thereto):
Section 1. That Article 2 of the Constitution of the State of
Delaware be and the same is hereby amended, by striking out all
of section 17, of Article 2 thereof, and by inserting in lieu thereof
a new Section 17, in the following language, viz:
Section 17. Lotteries. The sale of Lottery Tickets, Pool
Selling and all other forms of gambling are prohibited in this
State; except wagering or betting on races at race tracks by the
use of pari-mutuel machines or totalizators in connection there-with.
The General Assembly shall enforce this section by appro-priate
legislation.
CHAPTER 3
AMENDMENT TO CONSTITUTION
AN ACT agreeing to the Proposed Amendment of Section 4, of
Article 1 of the Constitution of the State of Delaware, relat-ing
to Trial by Jury.
Whereas, an Amendment to the Constitution of the State of
Delaware was proposed to the Senate in the One Hundred and
Third Session of the General Assembly, as follows :
"An Act proposing an Amendment to Section 4 of Article 1
of the Constitution of the State of Delaware, relating to trial by
jury.
Be it enacted by the Senate and House of Representatives of
the State of Delaware in General Assembly met (two-thirds of
all the members elected to each House agreeing thereto):
Section 1. That Section 4 of Article 1 of the Constitution of
the State of Delaware be amended by adding to the end thereof
the following words :
"Provided, however, that Grand Juries in New Castle County
shall consist of fifteen members, one of whom shall be selected
from, and shall be a resident of, each representative district in
said county, and the affirmative vote of nine of whom shall be
necessary to find a true bill of indictment ; and Grand Juries in
Kent County and in Sussex County shall consist of ten members,
one of whom shall be selected from, and shall be a resident of each
representative district in the county in which he or she is se-lected,
and the affirmative vote of seven of whom shall be neces-sary
to find a true bill of indictment."
And Whereas, the said proposed amendment was agreed to
by two-thirds of all the members elected to each House in the said
One Hundred and Third Session of the General Assembly ; and
29
AMENDMENT TO CONSTITUTION
Whereas, the said proposed amendment was published by the
Secretary of State three months before the then next general
election, to wit: the general election of 1932, in three newspapers
in each County in the State of Delaware, Now Therefore,
Be it enacted by the Senate and House of Representatives of
the State of Delaware in General Assembly met (two-thirds of
all the members elected to each House of the General Assembly
agreeing thereto):
Section 1. That the said proposed Amendment be and it is
hereby agreed to and adopted and that the same shall forthwith
become and be a part of the Constitution.
Approved March 22, 1933.
30 CHAPTER 3
CHAPTER 4
TRIAL BY JURY
AN ACT to carry into effect the Amendment to Section 4 of
Article 1 of the Constitution of the State of Delaware, relat-ing
to Trial by Jury.
WHEREAS, Section 4 of Article 1 of the Constitution of the
State of Delaware relating to trial by jury has been amended ;
and whereas, it is the purpose and intent of this Act to make effec-tive
this Amendment without uncertainty or delay.
Be it enacted by the Senate and House of Representatives of
the State of Delaware in General Assembly met:
Section 1. That the Grand Juries of the respective counties
of this State as now constituted be and the same are hereby
abolished, and the term of each and every Grand Juror is hereby
terminated.
Section 2. The Jury Commissioners for each county shall
forthwith draw from the boxes marked "Grand Jurors", to which
said Commissioners may restore the names of the present Grand
Jury, the names of fifteen persons for New Castle County, and the
names of ten persons for Kent County and Sussex County respec-tively,
one of whom shall be selected from, and shall be a resident
of each representative district in the county in which he or she is
selected.
A correct list of the names of the persons so drawn, with the
date of the drawing endorsed thereon, shall be immediately de-livered
by the Jury Commissioners to the Sheriff of the county,
and the Sheriff of each county respectively shall thereupon forth-with
summons each of the said persons to serve as the standing
Grand Jurors for the remainder of the year A. D. 1933. That the
provisions of paragraphs 4256 and 4261 of the Revised Code of
this State (1915) in relation as to the time of the drawing of said
names and the service thereof by the Sheriff shall not apply to
the Grand Jurors drawn for the year A. D. 1933.
31
32
TRIAL BY JURY
CHAPTER 4
Section 3. That paragraph 4254 of the Revised Code of the
State of Delaware (1915) be and the same is hereby amended by
striking out in the fifth line thereof the words "one hundred", and
inserting in lieu thereof the word "fifty".
Section 4. That paragraph 4256 of the Revised Code of the
State of Delaware (1915) be and the same is hereby amended by
striking out all of papagraph 4256 and by inserting in lieu thereof
the following:
4256. Sec. 5. Grand Jury ; When and How Drawn ; Num-ber;
Term of Service :The said commissioners for each County,
respectively, shall, within fifteen days before the commencement
of the first term in each calendar year of the Court of General Ses-sions
for the County for which said Commissioners were ap-pointed,
respectively, in the presence of such persons as may
choose to be present, draw from the boxes marked "Grand Jurors"
the names of fifteen persons for New Castle County, and the
names of ten persons for Kent County and Sussex County re-spectively,
one of whom shall be selected from, and shall be a
resident of each representative district in the county in which
he or she is selected, to serve for one year at the several courts,
at which a Grand Jury is required, to be holden during said year
in said County.
Approved March 29, 1933.
33
CHAPTER 5
CONVENTION TO RATIFY FEDERAL CONSTITUTIONAL
AMENDMENT
AN ACT to provide for Conventions in the State of Delaware to
take action upon Amendments to the Constitution of the
United States which may be proposed by the Congress for
Ratification by Conventions in the Several States.
WHEREAS, Article V of the Constitution of the United
States provided as follows :
The Congress, whenever two-thirds of both Houses shall
deem it necessary, shall propose Amendments to this Constitu-tion,
or, on the Application of the Legislatures of two-thirds of
the several States, shall call a Convention for proposing Amend-ments,
which, in either Case, shall be valid to all Intents and
Purposes, as part of this Constitution, when ratified by the Legis-latures
of three-fourths of the several States, or by Conventions
in three-fourths thereof, as the one or the other Mode of Ratifi-cation
may be proposed by the Congress ; Provided that no
Amendment which may be made prior to the Year One Thousand
Eight Hundred and Eight shall in any Manner affect the first and
fourth Clauses in the Ninth Section of the first Article; and that
no State, without its Consent, shall be deprived of its equal
Suffrage in the Senate.
and
WHEREAS, there are no provisions in either the Constitu-tion
or the Laws of the State of Delaware for conventions in the
State of Delaware to take action upon Amendments to the Con-stitution
of the United States which may be proposed by the
Congress for ratification by conventions in the several States ;
and
WHEREAS, it is apparent that action by such conventions
should truly reflect the true state of public opinion throughout
the State of Delaware ;
CONVENTION TO RATIFY FEDERAL CONSTITUTIONAL
AMENDMENT
Therefore, Be it enacted by the Senate and House of Rep-resentatives
of the State of Delaware, in General Assembly met:
Section 1. Whenever the Congress of the United States
shall propose an Amendment to the Constitution of the United
States and shall propose that the same shall be valid when ratified
by conventions in three-fourths of the several States, the Gover-nor
of this State shall fix by proclamation the date of an election
for the purpose of electing delegates to such convention of this
State. Such election may be either at a special election or may
be held at the same time as a general election, or special, but
shall be held at least as soon as the next general election occurring
more than three months after the Amendment has been pro-posed
by the Congress.
Section 2. If such election be held at the same time as a gen-eral
election, all persons qualified to vote at such general election
for representatives to the General Assembly of this State, shall be
entitled to vote.
If such election be held at a time other than at the same time
as a general election, all persons qualified to vote for represent-atives
to the General Assembly of this State at the last general
election next preceding said special election, shall be entitled to
vote. There shall be one or more registration days prior to such
special election, as the Governor in his proclamation, fixing the
date for the special election, may determine.
The Governor shall also, in said proclamation, fix the date or
dates of such registration day or days, provided that no registra-tion
shall be held within ten days next prior to such special elec-tion.
On said registration day or days persons whose names are
not on the list of registered voters established by law for said last
general election, may apply for registration, and on said registra-tion
day or days applications may be made to strike from the said
registration list names of persons on said list who are not eligible
to vote at such election.
34 CHAPTER 5
CONVENTION TO RATIFY FEDERAL CONSTITUTIONAL
AMENDMENT
Section 3. Except as in this Act otherwise provided, such
election shall be conducted and the results thereof ascertained and
certified in the same manner as in the case of the election of
Electors of President and Vice-President in this State and the
Governor shall, without delay, examine the certificates and as-certain
the delegates to such Convention chosen and make known
the same by proclamation, and cause notice to be given to each
delegate so elected of his election as a delegate. All provisions of
the laws of this State relative to elections,except so far as incon-sistent
with the provisions of this Act, are hereby made applicable
to such election.
Section 4. The number of delegates to be chosen to such
convention shall be seventeen, to be elected from the State at
large. Seven of such delegates shall be residents of New Castle
County, five of such delegates shall be residents of Kent County,
and five of such delegates shall be residents of Sussex County.
Section 5. Candidates for the office of delegate to the con-vention
shall be citizens and qualified voters of this State. Nomi-nations
shall be by petition and not otherwise. A single petition
may nominate any number of candidates not exceeding the total
number of delegates to be elected from each county, and all can-didates
on any such petition shall be residents of the same County
and shall reside in the County which said candidates propose to
represent at such convention and every such petition shall be
signed by not less than one hundred (100) persons who are quali-fied
voters of the County wherein such candidate or candidates
reside. Nominating petitions shall be filed with the Clerk of the
Peace of the County which said candidates propose to represent.
Nominations shall be without party or political designation, but
the nominating petitions shall contain a statement as to each
nominee to the effect that he favors ratification, or that he op-poses
ratification, or that he remains uncommitted to either rati-fication
or rejection of the proposed amendment to the Constitu-tion
of the United States, and no nominating petition shall con-
CHAPTER 5 35
CONVENTION TO RATIFY FEDERAL CONSTITUTIONAL
AMENDMENT
tam n the name of any nominee whose position as stated therein is
inconsistent with that of the position of any other nominee as
stated therein.
Section 6. The sixteenth day before the day fixed for the
holding of such election shall be the last day for the filing of
nominating petitions with the respective Clerks of the Peace, or
if said sixteenth day falls upon a Sunday or a legal holiday, the
day following shall be the last day for the filing of said nominating
petitions, and thereafter nominations for the office of delegate to
such convention shall be closed. After the closing of such nomi-nations,
the respective Clerks of the Peace shall forthwith count
and determine the number of signatures which each candidate for
nomination as delegate to such convention, has obtained upon
his or their respective nominating petition or petitions. In mak-ing
such count and determination, the respective Clerks of the
Peace shall only count the signatures of those persons who are
qualified voters of the County which the candidates propose to
represent at such convention. A signature to such nominating
petition shall be prima facie evidence that the person purporting
to sign the same did actually sign the same and that such person
is a qualified voter of the same county as the county of residence
of the Candidate or Candidates whose names appear in said nomi-nating
petition, and all signatures to such nominating petitions
shall be counted by the respective Clerks of the Peace, unless
within five days after the closing of nominations as aforesaid,
evidence satisfactory to the Clerk of the Peace, shall have been
produced before him that a person whose name purports to have
been signed to a nominating petition is either a fictitious person
or not a qualified voter of the County of residence of the candi-date
or candidates whose nominating petition he purports to have
signed. After the closing of nominations all nominating petitions
shall be open to the inspection of any qualified voter of the County
in which such petitions have been filed.
Section 7. No nominations shall be effective except those of
the seven candidates from New Castle County in favor of ratifica-
36 CHAPTER 5
CONVENTION TO RATIFY FEDERAL CONSTITUTIONAL
AMENDMENT
tion, the seven candidates from New Castle County against rati-fication
and the seven candidates from New Castle County not
committed to either ratification or rejection of the proposed
Amendment, the five candidates from Kent County in favor of
ratification, the five candidates from Kent County against ratifica-tion
and the five candidates from Kent County not committed to
either ratification or rejection of the proposed Amendment, the
five candidates from Sussex County in favor of ratification, the
five candidates from Sussex County against ratification and the
five candidates from Sussex County not committed to either rati-fication
of rejection of the proposed Amendment, whose nominat-ing
petitions have respectively been signed by the largest number
of qualified persons, ties to be decided by lot drawn by the respec-tive
Clerks of the Peace.
Section 8. After the nominees for delegates to such Con-vention
shall have been determined by the Clerks of the Peace as
aforesaid, it shall be the duty of each Clerk of the Peace to certify
to the other Clerks of the Peace in this State the names of the
nominees from their respective Counties to such convention and
to further certify which nominees from their respective Counties
were noniinated as in favor of ratification, which nominees from
their respective Counties were nominated as opposed to ratifica-tion
and which nominees from their respective Counties were
nominated as uncommitted either to ratification or rejection of
the proposed Amendment.
Section 9. Candidates for nomination not nominated as
aforesaid, shall be deemed to be alternates to the nominees in
their respective groups in the order of the number of signatures
which they have respectively received upon their nominating pe-titions,
and in the event of the death, resignation or removal of
any nominee, the first alternate shall take his place as nominee,
and so on, ties to be decided by lot drawn by the respective Clerks
of the Peace. In the event of such death, resignation or removal,
it shall be the duty of the Clerk of the Peace of the County from
which said nominee was nominated, to forthwith certify to the
CHAPTER 5 37
38 CHAPTER 5
CONVENTION TO RATIFY FEDERAL CONSTITUTIONAL
AMENDMENT
other Clerks of the Peace the fact of such death, resignation or re-moval,
together with the name of the new nominee. In the
event of the death, resignation or removal of any nominee
after the printing of the ballots for such election, it shall be the
duty of the Clerks of the Peace to provide the election officers of
each election district with a number of pasters containing only
the name of such nominee, at least equal to the number of ballots
provided for each election district and it shall be the duty of the
Clerks of election to put one of such pasters in a careful and
proper manner in the proper place on each ballot before they shall
deliver the same to voters.
Section 10. It shall be the duty of the Clerk of the Peace of
each County to cause to be printed and distributed the ballots for
said election in the quantity and in the manner provided by law
for general elections; provided that such ballots as are required
under the election laws to be delivered to the chairmen of the var-ious
political parties shall, in lieu thereof, be distributed to the
various nominees as equally as possible, and provided further
that the Clerk of the Peace in each County, in addition to the
above mentioned ballots, shall cause to be printed such further
number of ballots as shall be directed by any nominee in any
County; provided, however, that the said Clerk of the Peace shall
not have printed any ballots upon the order or request of any
nominee, unless the said request shall have been made to him in
writing at least ten days prior to the holding of the election at
which the said ballots are to be used, nor unless a deposit sufficient
to cover the cost of the ballots be made at the time they are or-dered.
The ballots so ordered by the said nominees shall be de-livered
to the said nominees or to their agents upon their request
or order at least five days before the election at which the said
ballots are to be used.
Section 11. The election shall be by ballot, separate from
any ballot to be used at the same election. Such ballot, if used at a
general election, shall be enclosed in the same envelope as the bal-
CHAPTER 5 39
CONVENTION TO RATIFY FEDERAL CONSTITUTIONAL
AMENDMENT
lot for use at such general election, otherwise each ballot cast
shall be enclosed in a separate envelope. Said ballot shall first
state the substance of the proposed Amendment. This shall be
followed by appropriate instructions to the voter. It shall then
contain perpendicular columns of equal width headed respectively
in plain type "For Ratification" "Against Ratification" and "Un-committed".
In the column headed "For Ratification" shall be
placed the names of the nominees nominated from the entire
State as in favor of ratification, in alphabetical order. In the
column headed "Against Ratification" shall be placed the names
of the nominees nominated from the entire State as against rati-fication,
in alphabetical order. In the column headed "Uncom-mitted"
shall be placed the names of the nominees nominated
from the entire State, as uncommitted to either ratification or
rejection in alphabetical order. The voter shall indicate his choice
by making one or more cross marks in the appropriate spaces
provided on the ballot. No ballot shall be held void because any
such cross mark is irregular in character. The ballot shall be so
arranged that the voter may by making a single cross mark, vote
for the entire group of nominees whose names are comprised in
any column. The ballot shall be as like as possible to the form of
the official ballot now used in this State and substantially in the
following form:
CONVENTION TO RATIFY FEDERAL CONSTITUTIONAL
AMENDMENT
OFFICIAL BALLOT
PROPOSED AMENDMENT TO THE
CONSTITUTION OF
UNITED STATES
Delegates to the Convention to Ratify the Proposed Amendment.
The Congress has proposed an amendment to the Constitution of the
United States which provides (insert here the substance of the proposed
amendment).
The Corigress has also proposed that the said amendment shall be rati-fied
by Conventions in the States.
INSTRUCTIONS TO VOTERS
Do not vote for more than 17 candidates
To vote for all candidates in favor of Ratification of the proposed
amendment, or for all candidates against Ratification of the proposed
amendment, or for all candidates who intend to remain uncommitted to
either Ratification or rejection of the proposed amendment, make a cross-mark
in the Block at the head of the list of candidates for whom you wish to
vote. If you do this, make no other mark.
To vote for an individual candidate make a cross-mark in the Block at
the left of the name.
f;
FOR
RATIFICATION
AGAINST
RATIFICATION I UNCOMMITTED
For Delegates
to the Conven-tion.
For Delegates
to the Conven-don.
For Delegates
to the Conven-tion.
JOHN DOE
JOHN DOE
JOHN DOE
JOHN DOE
JOHN DOE
JOHN DOE
JOHN DOE
JOHN DOE
JOHN DOE
JOHN DOE
JOHN DOE
JOHN DOE
40 CHAPTER 5
CHAPTER 5
CONVENTION TO RATIFY FEDERAVCONSTITUTIONAL
AMENDMENT
All ballots used at -elections for ratifying conventions shall
be printed as outlined in the paragraph immediately above. How-ever,
if the Governor, in his proclamation, calling for election of
Delegates to a ratifying convention, deems it expedient to fur-ther
print on the ballots information that will be more informa-tive
to the electorate on the subject, which is being voted upon,
this act will give the Governor the power to do so.
Section 12. The seventeen nominees who shall receive the
highest number of votes shall be the Delegates to the Convention.
If there shall be a vacancy in the Convention caused by the death
or disability of any delegate or any other cause, the same shall
be filled by appointment by the majority vote of the delegates
comprising the group from which such delegates was elected and
if the Convention contains no other delegate of that group, shall
be filled by the Governor.
Section 13. The Delegates to the Convention shall meet in
the Senate Chamber at the State House in Dover on the twenty-eighth
day after their election at twelve o'clock noon, and shall
thereupon constitute a Convention to pass upon the question of
whether or not the proposed Amendment shall be ratified.
Section 14. The Convention shall have power to elect its
president, secretary and other officers, and to adopt its own rules.
Section 15. The Convention shall keep a journal of its pro-ceedings
in which shall be recorded the vote of each Delegate on
the question of ratification of the proposed Amendment.
Section 16. After the sense of the majority of the total
number of Delegates composing the Convention is taken upon the
question of the ratification of the proposed amendment to the
Constitution of the United States, the Convention shall certify a
resolution of its vote over the hand of the President, attested by
the Secretary and signed by all of the members of the Conven-
41
CONVENTION TO RATIFY FEDERAL CONSTITUTIONAL
AMENDMENT
tion. Such resolution shall be so certified in duplicate originals.
The duplicate originals shall then be delivered by the Convention
to the Secretary of State together with the Journal and any other
records of the Convention.
If it appears from the resolutions so certified to the Secre-tary
of State that the proposed amendment to the Constitution
of the United States has been ratified by the Convention, it shall
be the duty of the Secretary of State to send to the Secretary of
State of the United States one of the duplicate originals certified
under his hand and the seal of the State of Delaware. The re-maining
duplicate original shall be proclaimed by publication and
shall be deposited together with the journal and any other rec-ords
of the Convention in the State Archives. If it appears from
the resolutions so certified to the Secretary of State that the pro-posed
amendment to the Constitution of the United States has
not been ratified, the resolution shall be proclaimed by publica-tion
and the duplicate originals of the resolution together with
the journal and any other record of the Convention shall be de-posited
in the State Archives.
Section 17. Every delegate to such convention shall re-ceive
Ten Dollars ($10.00) for every day he is in attendance at
such convention, not exceeding three, and in addition thereto,
ten cents (10c) for each mile necessarily travelled by him in mak-ing
one round trip from the place of his residence to Dover. The
president, secretary and other officers shall receive such compen-sation
as may be fixed by the convention not in excess of Twenty-five
Dollars ($25.00) for any such officer, in addition to his com-pensation
as such delegate. Disbursements for the foregoing
purposes and for other necessary expenses of the convention,
when approved by the convention and signed by the President,
shall be paid by the State Treasurer out of any monies not other-wise
appropriated. The expenses of holding a special election
shall be borne as now provided by law for the holding of a gen-eral
election.
42 CHAPTER 5
CHAPTER 5
CONVENTION TO RATIFY FEDERAL CONSTITUTIONAL
AMENDMENT
Section 18. if at or about the time of submitting any such
Amendment, Congress shall either in the resolution submitting
the same or by a statute, prescribe the manner in which the con-ventions
shall be constituted, and shall not except from the provi-sions
of such statute or resolution such states as may theretofore
have provided for constituting such conventions, the preceding
provisions of this Act shall be inoperative, the convention shall
be constituted and shall operate as the said resolution or Act of
Congress shall direct, and all officers of the State who may by the
said resolution or statute be authorized or directed to take any
action to constitute such a convention for this State are hereby
authorized and directed to act thereunder and in obedience
thereto with the same force and effect as if acting under a sta-tute
of this State.
Approved April 11, 1933.
43
TITLE TWO
Jurisdiction and Property.
of the State
CHAPTER 6
PUBLIC LANDS
AN ACT granting the consent of the General Assembly of the
State of Delaware to the acquisition by the United States of
Lands at the mouth of the Mispillion River in Cedar Creek
Hundred, Sussex County, State of Delaware.
Be it enacted by the Senate and House of Representatives of
the State of Delaware in General Assembly met:
Section 1. That the consent of the General Assembly of the
State of Delaware be, and the same is hereby, given pursuant to
the Seventeenth clause of the Eighth Section of the First Ar-ticle
of the Constitution of the United States, to the purchase
by the United States of one hundred sixty-two and one-hundred
four thousandths (162.104) acres of land, now included in the
Military Reservation of Fort Saulsbury, in the vicinity of the
Mispillion River, in Cedar Creek Hundred, Sussex County, State
of Delaware, for use as a site for fortifications, and to the acqui-sition
by purchase or proceedings in condemnation of such addi-tional
land adjacent thereto as may be required by the Federal
Government for the said purpose.
Section 2. Jurisdiction over the said lands, which have
heretofore been acquired or which shall hereafter be acquired,
is hereby granted and ceded to the United States ; provided, that
44
PUBLIC LANDS
the sovereignty and jurisdiction of this State shall extend over
the said lands so far as that all civil process and such criminal
process as may issue under the authority of this State against
any person or persons charged with crimes or other offenses com-mitted
within such lands may be executed thereon in the same
way and manner as if this consent had not been given.
Approved April 6, 1933.
CHAPTER 6 45
46
CHAPTER 7
JURISDICTIONS, LIMITS AND SOVEREIGNTY
AN ACT to change the Boundary Lines of Broad Creek Hundred
and Nanticoke Hundred.
Be it enacted by the Senate and House of Representatives of
the State of Delaware in General Assembly met:
Section 16. That the Boundary Line between Broad Creek
Hundred and Nanticoke Hundred shall be changed so that the
new State Highway from Concord to Millsboro, and its courses
and directions shall be and constitute the Boundary Line between
said Hundreds.
Approved April 25, 1933.
TITLE THREE
State Revenue and Supplies
CHAPTER 8
DELAWARE ESTATE TAX
AN ACT to amend Chapter 6, of the Revised Code of the State of
Delaware (1915) as amended with respect to Estate Tax.
Be it enacted by the Senate and House of Representatives of
the State of Delaware in General Assembly met:
Section 1. That Chapter 6, of the Revised Code of the State
of Delaware (1915) as amended 152-a Sec. 115-a be and the same
is hereby amended by striking out and repealing the second para-graph
of 152 (a) Sec. 115 (a) and substituting in lieu thereof the
following:
The said Delaware Estate Tax upon the estate of every de-cedent
as aforesaid shall be computed as follows : The aggregate
amount of the taxes due to the State of Delaware under the pro-visions
of Section 109 of this Chapter in respect to any property,
or estate, or interest therein, belonging to the decedent at the
time of his death shall first be ascertained. To such amount
there shall be added the aggregate amount of all estate, inheri-tance,
legacy, and succession taxes actually paid to any other
state or territory of the United States or to the District of Co-lumbia
in respect to any property owned by such decedent or sub-ject
to such taxes as a part of or in connection with his estate.
The sum resulting from such addition shall then be deducted
from an amount equal to the amount of the maximum credit
allowable to the estate of the decedent by the Federal Estate Tax
law or laws for estate, inheritance, legacy or succession taxes
47
DELAWARE STATE TAX
paid to any State or territory or the District of Columbia. The
remainder shall constitute and be the Delaware Estate Tax upon
the estate of the decendent. In case of any estate Where the
amount to be deducted as aforesaid is equal to or greater than
the aforesaid credit, allowed by Federal Estate Tax law or laws,
then the said estate shall be exempt from the Delaware Estate
Tax prescribed by this section.
Section 2. That Chapter 6, of the Revised Code of the State
of Delaware (1915) as amended be and the same is hereby
amended by adding the following paragraph to 152 (a) Sec. 115
(a) :
When any amount has been erroneously paid as Delaware
Estate Tax it shall be lawful for the State Treasurer, on satis-factory
proof rendered to him of said erroneous payment, and
upon the recommendation of the Register of Wills of the County
wherein such tax shall have been collected, to refund and pay to
the executor, administrator or trustee, person or persons who
have paid any such tax in error, the amount of such tax so paid,
provided that all applications for the repayment of said tax shall
be made within two years from the date of said payment.
Section 3. Nothing in this Act shall be deemed to remit or
relieve from the Delaware Estate Tax the estate of any person
dying before the approval of this Act. Except where the Dela-ware
Estate Tax was paid and discharged prior to the approval
of this Act the Delaware Estate Tax computed and ascertained
under the provisions of 152-A, Section 115-A of Chapter 6, of the
Revised Code of the State of Delaware (1915) as amended by this
Act shall be deemed and held to be imposed upon and collectible
out of the estate of every person dying after the twenty-sixth
day of February, 1926, and who at the time of his death was a
resident of the State of Delaware, provided such estate was sub-ject
to federal estate tax.
Approved June 1, 1933.
48 CHAPTER 8
CHAPTER 2
STATE REVENUE
AN ACT to transfer certain monies now in the Sinking Fund to
the General Fund, and directing that all monies received
immediately after the approval of this act and until June 30,
1935, from the Delaware Estate Tax shall be deposited to
the credit of the General Fund of the State.
Be it enacted by the Senate and House of Representatives of
the State of Delaware in General Assembly met:
Section 1. That the sum of Seven Hundred Thousand Dol-lars
of the monies now standing to the credit of the Sinking Fund
of the State shall be immediately transferred by the State Trea-surer
to the credit of the General Fund of the State.
Section 2. That immediately after the approval of this Act
and until June 30, 1935, all monies derived from the Delaware
Estate Tax shall be deposited to the credit of the General Fund
of the State.
Section 3. That, all Acts or parts of Acts inconsistent with
the provisions of this Act be and the same are hereby repealed
to the extent of such inconsistency.
Approved May 22, 1933.
49
50
CHAPTER 10
STATE REVENUE
AN ACT to amend Article 8, Chapter 6 of the Revised Code of
the State of Delaware as amended by Chapter 6, Volume 36,
Laws of Delaware.
Be it enacted by the Senate and House of Representatives of
the State of Delaware in General Assembly met:
Section 1. That Article 8, Chapter 6 of the Revised Code of
Delaware as amended by Chapter 6, Volume 36, Laws of Dela-ware
be and the same is hereby amended by inserting a new para-graph
as follows:
For the fiscal year beginning July 1, 1933, and ending June
30, 1934, the sum of Four Hundred and Sixty Thousand ($460,-
000.00) Dollars shall be paid by the State Tax Department out of
the proceeds of the franchise tax as established by Article 8,
Chapter 6 of the Revised Code of Delaware and assessed and col-lected
thereunder ; and, for the fiscal year beginning July 1, 1934,
and ending June 30, 1935, a further sum of Four Hundred and
Fifty Nine Thousand ($459,000.00) Dollars shall likewise be paid
by the State Tax Department out of the proceeds of the Fran-chise
Tax as established by Article 8, Chapter 6 of the Revised
Code and assessed and collected thereunder, to the State Trea-surer.
The sums so paid as aforesaid to the State Treasurer shall
be deposited by him and such sums shall be utilized as follows :
1. For the payments of the sums set forth and appropri-ated
in the General Appropriation Act of the One Hundred
Fourth General Assembly of the State of Delaware under item
J "Education," and comprising sums appropriated for the Uni-versity
of Delaware, the State College for Colored and the State
Board Vocational Education, to-wit, Three Hundred and Twenty
Thousand Dollars ($320,000.00) for the fiscal year beginning July
1, 1933, and ending June 30, 1934, and Three Hundred and Nine-teen
Thousand Dollars ($319,000.00) for the fiscal year beginning
1
CHAPTER 10
STATE REVENUE
51
July 1, 1934, and ending June 30, 1935, which said sums are ap-propriated
for such purposes.
There is hereby appropriated out of the funds to be so
transferred for the fiscal year beginning July 1, 1933 and ending
June 30, 1934, the sum of ninety thousand dollars, and the fur-ther
sum of ninety thousand dollars is hereby appropriated out of
the funds to be so transferred for the fiscal year beginning July
1, 1934 and ending June 30, 1935, the sums so appropriated shall
be paid out of the funds to be transferred in accordance with
this Act, and shall be utilized for the operation and maintenance
of the State Tax Department for the fiscal years set forth herein.
In addition to the foregoing sums, there is hereby ap-propriated
out of the funds to be transferred in accordance with
this Act, the sum of Fifty Thousand Dollars ($50,000.00) for the
fiscal year beginning July 1, 1933, and ending June 30, 1934 and
a like sum of Fifty Thousand Dollars ($50,000.00) for the fiscal
year beginning July 1, 1934 and ending June 30, 1935 which said
sums so appropriated shall be and constitute a contingent fund
to be utilized solely for the operation and maintenance of any
educational institutions of the State of Delaware which are now,
and have been heretofore, receiving appropriations from the Con-gress
of the United States when as and if Federal Appropriations
to such institutions are reduced. Such contingent fund shall be
used to make up any deficit in the finances of said institutions
caused by reductions in appropriatons from the Federal Govern-ment
to the extent of reduced Federal appropriations, and for no
other purposes. Any portion of said sums to be transferred in
accordance with the provisions of this Act and not utilized during
the fiscal year for which the appropriation is hereby made for
any of the purposes specified in this Act shall be paid to the
School Fund as created and set forth by the Laws of Delaware.
The provisions of this Section, and the provisions of para-graph
numbered 4, Section 58, Article XIII, Chapter 160, Volume
32, Laws of Delaware and all other Acts, insofar as they may
52 CHAPTER 10
STATE REVENUE
relate to and are in conflict with the payment of the proceeds of
the franchise tax by the State Tax Department to the State Trea-surer
to be by him deposited as hereinbefore provided are de-clared
to be and are hereby suspended to the extent and purport
of this Act only until the State Treasurer shall have certified to
the State Tax Department that the total sum of Nine Hundred
and Nineteen Thousand ($919,000.00) Dollars, has been deposited
as hereinabove provided ; and, upon such certification, the said
above mentioned provisions of said Acts, so as aforesaid declared
to be suspended, shall again be in full force, operation and effect.
Approved May 24, 1933.
CHAPTER 11
INTOXICATING LIQUOR
AN ACT to repeal an act entitled "An Act to Prohibit the Liquor
Traffic in the State of Delaware and to Provide for the En-forcement
of such Prohibition" being Chapter 239, Volume
30 of the Laws of Delaware.
Be it enacted by the Senate and House of Representatives of
the State of Delaware in General Assembly met:
Section 1. That Chapter 239, Volume 30 of the Laws of
Delaware being an Act entitled "An Act to prohibit the liquor
traffic in the State of Delaware and to provide for the enforce-ment
of such prohibition" approved March 21st, A. D. 1919 be
and the same is hereby repealed.
Approved February 1, 1933.
53
54
CHAPTER 12
INTOXICATING LIQUOR
AN ACT to amend Chapter 10, of Volume 29, of the Laws of
Delaware, in reference to intoxicating liquors.
Be it enacted by the Senate and House of Representatives of
the State of Delaware in General Assembly met:
Section 1. That Chapter 10, Volume 29, Laws of Delaware,
entitled "An Act to amend Chapter 6, of the Revised Code of the
State of Delaware, being in relation to spirituous, vinous, or malt
liquors in those portions of the State of Delaware where the sale
of such liquor is prohibited by law," be and the same is hereby
amended as follows:
First. By striking out, as they appear in the ninth line of
paragraph (1) the words: "so much as one half of one percentum
of alcohol by volume," and inserting in lieu thereof the words:
"such percentum of alcohol by volume as is prohibited under the
Constitution and laws of the United States of America."
Second. By striking out, as they appear in the seventh and
eighth lines of paragraph (2), the words: "at any one time, more
than one quart of spirituous liquors, or one dozen pint bottles of
malt liquors," and inserting in lieu thereof the words: "at any
time liquor for sale or barter."
Third. By striking out, as they appear in the eighteenth
and nineteenth lines of paragraph (4) the words : "in quantity
not to exceed one quart, or malt liquors not to exceed one dozen
pint bottles," and inserting in lieu thereof the words: "not for
sale or barter."
Fourth. By adding at the end of paragraph (7), the fol-lowing:
INTOXICATING LIQUOR
Every such warrant shall be in form and substance exactly
like and similar to the form of Search Warrant now used by the
Federal Prohibition Enforcement Act of Congress, commonly
known as the "Volstead Act," with only such changes, in the
parts of the Federal Warrant that refer to the Federal Govern-ment
and Federal Agents, as are necessary to make the same
apply to the State of Delaware and the proper officials or agents
in the State of Delaware.
No search warrant shall issue to search any private dwelling
occupied as such unless it is being used for the unlawful sale of
intoxicating liquor, or unless it is in part used for some business
purpose such as a store, shop, saloon, restaurant, hotel, or board-ing
house. The term "private dwelling" shall be construed to in-clude
the room or rooms used and occupied not transiently but
solely as a residence in an apartment house, hotel, or boarding
house. The property seized on any such warrant shall not be
taken from the officer seizing the same on any writ of replevin
or other like process.
Fifth. By striking out, as they appear in the third and
fourth lines of paragraph (9) the words : "liquors in excess of
the quantity permitted in this Act in such room, or of."
Sixth. By adding, at the end of paragraph (9) the follow-ing:
But it shall not be unlawful to possess liquors in one's pri-vate
dwelling while the same is occupied and used by him as his
dwelling only and such liquor need not be reported, provided such
liquors are for use only for the personal consumption of the
owner thereof and his family residing in such dwelling and of
his bona fide guests when entertained by him therein.
Seventh. By striking out, as they appear in the seventh
and eight lines of paragraph (11), the words : "in quantity ex-
CHAPTER 12 55
56
ceeding one quart, or malt liquors in quantity exceeding twelve
pint bottles," and inserting in lieu thereof the words "or malt
liquors."
Approved March 13, 1933.
INTOXICATING LIQUOR
CHAPTER 12
CHAPTER 13
INTOXICATING LIQUOR
AN ACT providing for the submission to the vote of the qualified
electors of New Castle County, outside the City of Wilming-ton,
as one district, as mentioned in Section 2, Article 13, of
the Constitution of the State of Delaware, the question
whether the manufacture and sale of intoxicating liquors
shall be licensed or prohibited within the limits of said dis-trict
in accordance with said. Article 13, of said Constitu-tion.
Be it enacted by the Senate and House of Representatives of
the State of Delaware in General Assembly met:
Section 1. That on Tuesday next after the first Monday of
June, 1933, in New Castle County, outside the corporate limits
of the City of Wilmington, as one district, as mentioned in Sec-tion
2, Article 13, of the Constitution of the State of Delaware,
the question whether the manufacture and sale of intoxicating
liquors shall be licensed or prohibited within the limits of the said
district, shall be submitted to the vote of the qualified electors of
the said districts.
Section 2. It shall be the duty of the Registration officers
of the respective election districts in New Castle County, outside
the corporate limits of the City of Wilmington, now in office, to
sit on the third and fourth Saturdays immediately preceding the
day herein prescribed for taking the vote aforesaid, from 8
o'clock a. m. until 7 o'clock p. m. with an intermission from 12
o'clock mid-day to 1 o'clock p. m. at the place in each election
district where it is proposed to take the vote aforesaid, or at
some convenient and suitable other place in said election district,
and at such sittings to add to the Registers and Books of Reg-istered
voters of their respective election districts, the names of
all persons applying to them who may have become qualified to
vote since the day of the last General Election, or who may be-come
qualified to vote, by the day of such Special Election, or
57
58
INTOXICATING LIQUOR
who, being otherwise qualified to vote did not become registered
prior to said last General Election.
The said Registration Officers, within one week before their
first sitting as provided for in this section, shall procure from
the Clerk of the Peace of New Castle County, the two Registers
and the two Books of Registered Voters, and the Books of Reg-istration
Certificates, for their respective election districts. It
shall be the duty of the Clerk of the Peace to deliver said books
to the said Registration Officers when the same shall be applied
for as aforesaid.
On delivering one of the Registers and one of the Books of
Registered Voters and the Book of Registration Certificates to
the Inspector or other person authorized by law to hold the Spe-cial
Election in his Election District, for the purpose of taking
the vote aforesaid, it shall be the duty of each Registrar to de-liver
the Register and the Book of Registered Voters which was
not used at the General Election held in the year 1932; The sev-eral
Registrars shall deliver the other of said Registers and the
other of said Book of Registered Voters to the Clerk of the Peace
of New Castle County within one week after the Special Elec-tion.
In case from any cause there shall be vacancies among such
Registration Officers in any election district, such vacancies shall
be filled by the appointment of the Governor. Such vacancies
shall be filled at least twenty days before the first day fixed as
aforesaid for the sitting of said Registration Officers by the ap-pointment
of capable persons who are voters and resident in the
election district for which they shall be appointed ; and the fur-nishing
of lists of names by the County Committee of any Politi-cal
Party shall not be necessary prerequisite for such appoint-ment.
The Registration Officers so appointed to fill vacancies, as
well as Registration Officers now in Office, shall give such bonds,
take such oaths, and perform such other qualifying acts to fill
CHAPTER 13
CHAPTER 13
INTOXICATING LIQUOR
such offices and fulfill the duties thereof as are provided by law
in that behalf.
The Registration Officers serving for the Special Registra-tion
of voters herein provided shall conduct the registration of
voters, advertise the dates, hours and places for their sitting to
register voters, post printed lists of additional registered voters,
issue and act upon Certificates of Removal from voting districts,
compare and correct the Registration Books, certify and verify
the Alphabetical Lists of Registered Voters and Registers, be
possessed of all the powers while sitting for such registration of
voters, and perform all of their official duties in the same man-ner,
as in the case of the registration of voters prior to a General
Election.
All penalties imposed by statute upon such Registration Offi-cers
for non-feasance or misfeasance in office, and upon all per-sons
for violations of law regulating the registration of voters in
this State shall be applicable to and in force in connection with
the special registration of voters herein provided for.
Appeals from said Registration Officers shall be obtained,
prosecuted and determined and the decisions thereon certified,
acted upon and enforced, in the same manner and before and by
the same persons as in the case of Registration Appeals prior to
a General Election. For the purpose of hearing such appeals the
appropriate judge constituting under the law such tribunal of
appeal shall sit in the place designated by statute for such pur-pose,
on Tuesday the Thirtieth day of May 1933, at 10 o'clock in
the forenoon, and from day to day thereafter so long as may be
necessary, to hear and determine such appeals.
The compensation of such Registration Officers and all the
costs and expenses of conducting such special registration shall
be ascertained and paid in the same manner, by the same author-ity,
within a reasonable time after the performance of their
duties as aforesaid as in the case of the registration of voters
prior to a General Election.
59
60 CHAPTER 13
INTOXICATING LIQUOR
The said Registration Officers shall hold and dispose of said
Registers, Books of Registered Voters and said Books of Reg-istration
Certificates in the same manner, and deliver the same
to the same election and other officers, before, at and after the
holding of said special election for the taking of the vote afore-said,
and for the purpose of the taking of the vote aforesaid, as
in the case of the holding of a General Election.
Section 3. All qualified electors shall be entitled to vote
upon the question so to be submitted to them as aforesaid, under
the same conditions as such electors would be entitled to cast
their ballots at a General Election. The Special Election for the
taking of the vote provided for in this Act shall be held in the
several voting districts of the County, upon similar notice, at the
same places, by the same election officers, including clerks and
voters' assistants, and subject in all respects to the same laws, so
far as the same are applicable, as were employed used and en-forced
at the General Election in the year 1932.
In case from any cause there shall be vacancies among such
election officers in any election district, such vacancies shall be
filled by the Governor, by the appointment of suitable and duly
qualified persons to serve as such election officers in the vacan-cies
so then existing as aforesaid. Such vacancies shall be so
filled at least twenty days before the said date fixed for the hold-ing
of said election as aforesaid. The election officers so ap-pointed
to fill vacancies as well as election officers continued in
office as aforesaid, shall take such oaths and perform such other
qualifying acts to fill such offices and fulfill the duties thereof,
as are provided by law in that behalf.
Section 4. The Sheriff of New Castle County shall, after
the 30th day of May and before the 5th day of June, 1933 deliver
to the Inspector of each election district, or other officer author-ized
hereby to hold the election for taking the vote hereby pro-vided
for therein, two suitable ballot boxes, with a piece of tape
and sealing wax, appropriate written or printed forms of tally
INTOXICATING LIQUOR
lists, of certificates of the result of election in said election dis-trict,
of the oaths or affirmations of the Inspector or other per-sons
authorized by law to hold the election therein, and of those
to be taken by the judges of the election, and also of the clerks
who shall be chosen to act at such election, and of the certificates
of administering such oaths or affirmations, with printed or writ-ten
direction as to correcting completing and signing such oath
or affirmation and certificate of administering the same, and shalt
also deliver to each inspector or other officer authorized by law to
hold the election as aforesaid a book of blank forms of oaths or
affirmations as provided for by law for general elections. The
ballot box, forms of oaths or affirmations to be administered to
the inspector or other officer authorized by law to hold the elec-tion,
and to judges of election, the forms for the certificates of
the qualification of such officers, the forms of oaths for the clerks
of said elections, and the certification of the administration of
said oaths so furnished, shall be such as are prescribed by law for
general elections.
The tally lists so furnished shall be in such form as is used
at such General Elections, except that in the margin, on the left
side of said tally lists, shall be written or printed, instead of any
names of persons to be voted for, the words "for license", and
the words "against license", with convenient space between the
same. Three forms of certificates, declaring the result of said
election, shall be so furnished, which may be according to the
following form, viz:
id County and Election District of
Representative District, SS:
At the election held in said Election District, for the pur-pose
of taking the vote of the qualified electors upon the question,
whether the manufacture and sale of intoxicating liquors shall
be licensed or prohibited within the local option district consist-ing
of on the Tuesday next after the first Monday
in June, A. D. 1933, the votes stand as follows
it votes were received "for license"
votes were received "against license"
CHAPTER 13 61
62
INTOXICATING LIQUOR
And we further certify that the clerks appointed by us were
duly sworn or affirmed according to law, and that we were duly
sworn or affirmed.
In Testimony whereof, we the Judges of said election for
said Election District, have hereunto set our hands the day and
year aforesaid."
On the said written or printed forms of certificates, before
the same shall be delivered by the Sheriff as above directed, the
name of the County, the Election District, and all representative
Districts, shall be inserted in the blanks for said purpose in the
foregoing form.
Section 5. The Clerk of the Peace of New Castle County
shall cause to be prepared and printed all blanks and forms which
shall be necessary for the proper conducting and the due ascer-tainment
and certification of the results of the vote hereinbefore
provided for. The said Clerk of the Peace shall cause to be
printed for the several election districts, within New Castle Coun-ty,
all necessary ballots for said Special Election, which shall be
in number not less than four times the total vote of all parties at
the preceding General Election. Said Clerk of the Peace shall
fold, wrap, tie, mark and seal, and deliver said ballots and fur-nish
and deliver indelible black lead pencils or crayons, envelopes
and rubber bands, in the same manner as at a General election.
Said ballots and said pencils or crayons, envelopes and rubber
bands shall be received from said Clerk of the Peace by the same
officials, at similar times and places, and by them held, treated,
disposed of, delivered and employed for the purposes of said Spe-cial
Election, in the same manner as the ballots and pencils or
crayons, envelopes, and rubber bands employed at a General
Election. The said envelopes shall be initialed by the Clerks, de-livered
to qualified voters, deposited in the ballot boxes, and
counted in the same way as at a General Election.
The Election Officers conducting the said Special Election
shall take the same oaths and be otherwise duly qualified as at a
CRAFTER 13
INTOXICATING LIQUOR
General Election. The Clerks of the Peace and Sheriff of the
County, the inspectors or other persons conducting said election,
the Judges and Clerks of said election, shall be subject to the
same penalties for nonfeasance or misfeasance in office, and all
other persons shall be subject to such penalties for misbehavior
relative to the Special Election herein provided for as are pro-vided
by the laws relative to general elections in this State.
All the provisions and requirements of law looking to the
secrecy of the ballot, together with all penalties imposed for vio-lations
of the provisions of law looking to that end, shall apply
with full force to the Special Election herein provided for. The
ballot boxes used at said Special Election shall be delivered, held
and treated before, during and after the holding of said Special
Election, in the same manner as at a General Election.
Section 6. On the day fixed for the holding of the Special
Election for the taking of the vote aforesaid, the polls shall be
opened in the several voting districts between 8 and 9 o'clock in
the forenoon and remain continuously open until 7 o'clock in the
afternoon. Said polls shall be opened and closed, and the ballots
given during said election shall be counted and tallied in the same
manner, as at a General Election. Three certificates of the re-sults
of the taking of said vote in each voting district, upon the
blanks furnished said election officers as aforesaid, shall be made
out, signed, certified, placed in envelopes, held and disposed of in
the same manner as are corresponding certificates at General
Elections ; Provided that the two certificates which are not de-posited
in the ballot box shall be placed in the custody of the
Judges of election, not being the Inspector in each election dis-trict,
one to each, and each said Judge shall produce and deliver
said certificates to said Superior Court sitting as a Board of Can-vass
as aforesaid, at the Court House of New Castle County at
twelve o'clock noon on the First Thursday following the said Spe-cial
Election.
Section 7. The Superior Court in New Castle County con-stituted
as in case of a General Election, shall convene at 12
CHAPTER 13 63
64
INTOXICATING LIQUOR
o'clock noon in the County Court House of New Castle County on
the First Thursday following the said Special Election, and pub-licly
ascertain the State of the vote cast at such Special Election,
in the same manner and with the same powers as said Court,
under the law, canvasses the result of General Elections. For
the purpose of such canvass of said vote the ballot boxes contain-ing
the ballots cast at said Special election together with all other
their contents, as in the case of the General Elections, shall be
produced before said Court sitting as said Board of Canvass, and
afterwards disposed of as in the case of a General Election. Upon
the ascertainment of the results of said election by said Court
sitting as such Board of Canvass, the said Court shall make two
certificates showing the result of the taking of said vote in each
of said Local Option districts within New Castle County, which
certificates shall be in the following form :
"State of Delaware
SS.
CHAPTER 13
BE IT REMEMBERED, that at the election held on the
Tuesday next after the first Monday in June in the year of 1933,
for the purpose of taking the vote of the qualified electors of
in the State of Delaware, comprising the Local Option
Districts in New Castle County, upon the question whether the
manufacture and sale of intoxicating liquors shall be licensed or
prohibited within the limits of said district, according to the Con-stitution
and Laws of the State of Delaware votes were
given for license and votes were given against license,
which is manifest by calculating and ascertaining the aggregate
amount of all the votes given in all the election districts of the
Local Option District aforesaid, according to the provisions of the
Constitution and laws made in this behalf.
County
IN TESTIMONY WHEREOF, we and
constituting the Superior Court for County, who have
met and ascertained the state of the vote throughout the said
Local Option District of that County as the Law requires, have
CHAPTER 13
INTOXICATING LIQUOR
65
hereunto set our hands and caused the seal of the said Superior
Court to be hereunto affixed at the Court House in said County,
on this day of June, A. D. 1933."
The said Superior Court shall, within three days after mak-ing
the certificates of the results of taking said vote at said elec-tion,
either personally or by a person deputed by it for that pur-pose,
transmit, deliver and lodge one of said certificates in the of-fice
of the Clerk of the Peace of New Castle County, in which said
Local Option District is located, and one in the office of Secretary
of State.
Upon the deposit in the office of Secretary of State, for that
particular Local Option District of New Castle County, the Gov-ernor
shall, without delay examine said certificate, and therefrom
ascertain the result of said vote in the Local Option district
aforesaid, and forthwith proclaim the results of said election in
that particular Local Option District by publishing the result of
said vote in one or more public newspapers of New Castle County.
Section 8. The results of the vote taken in each of the said
districts shall be determined by the ballots cast in the said elec-tion
district of New Castle County and same shall be counted and
considered in determining the result of the taking of said vote in
that particular County.
Section 9. All of the cost and expenses of the said Special
Election shall be paid by the Levy Court of New Castle County,
wherein is located the Local Option District in which said votes
are taken.
Section 10. The ballots to be used in the taking of said vote
shall be printed upon white paper of uniform appearance and
quality and of the uniform size of three by six inches. Each of
said ballots shall have a printed line in the middle thereof ex-tending
from the top to the bottom, with the words "against
license" printed clearly and legibly on the right hand side of said
66
INTOXICATING LIQUOR
line ; and the words "for license" on the left hand side of said line;
in voting, each qualified elector shall mark his ballot with a pen-cil
or crayon provided for the said Election, by crossing two lines
either on the side of the line aforesaid on which the words
"against license" appear, or on the side of said line on which the
words "for license" are printed. Every ballot cast under the
provisions of this Act, marked as aforesaid anywhere on the
right hand side of the printed line aforesaid, shall be counted as a
vote against license, and every ballot marked as aforesaid on the
left hand side of the printed line aforesaid shall be counted as a
vote for license.
Section 11. That if it shall appear at said election that a
greater number of votes have been cast for license than against
license in any of said districts, it shall not be unlawful for any
person or persons, firm, company, association or corporation, or
the agent, officer or servant of any firm, company, association or
corporation, to manufacture or sell spirituous, vinous or malt
liquors within said district by reason of any previous election
in said district ; But where the majority of the votes were cast
against license, it shall be unlawful to manufacture or sell spiritu-ous,
vinous or malt liquors within said district.
Approved March 22, 1933.
CHAPTER 13
CHAPTER 14
INTOXICATING LIQUOR
67
AN ACT providing for the submission to the vote of the qualified
electors of Kent County, as one district, as mentioned in Sec-tion
2, Article 13, of the Constitution of the State of Dela-ware,
the question whether the manufacture and sale of in-toxicating
liquors shall be licensed or prohibited within the
limits of said district in accordance with said Article 13, of
said constitution.
Be it enacted by the Senate and House of Representatives of
the State of Delaware in General Assembly met:
Section 1. That on Tuesday next after the first Monday of
June, 1933, in Kent County, as one district, as mentioned in Sec-tion
2, Article 13, of the Constitution of the State of Delaware,
the question whether the manufacture and sale of intoxicating
liquors shall be licensed or prohibited within the limits of the said
district, shall be submitted to the vote of the qualified electors of
the said districts.
Section 2. It shall be the duty of the Registration officers
of the respective election districts in Kent County, now in office,
to sit on the third and fourth Saturdays immediately preceding
the day herein prescribed for taking the vote aforesaid, from 8
o'clock a. m. until 7 o'clock p. m. with an intermission from 12
o'clock mid-day to 1 o'clock p. m. at the place in each election
district where it is proposed to take the vote aforesaid, or at some
convenient and suitable other place in said election district, and
at such sittings to add to the Registers and Books of Registered
voters of their respective election districts, the names of all per-sons
applying to them who may have become qualified to vote
since the day of the last General Election, or who may become
qualified to vote, by the day of such Special Election, or who, being
otherwise qualified to vote did not become registered prior to said
last General Election.
68
INTOXICATING LIQUOR
The said Registration Officers, within one week before their
first sitting as provided for in this section, shall procure from the
Clerk of the Peace of Kent County, the two Registers and the two
Books of Registered Voters, and the Books of Registration Cer-tificates,
for their respective election districts. It shall be the
duty of said Clerk of the Peace to deliver said books to the said
Registration Officers when the same shall be applied for as afore-said.
On delivering one of the Registers and one of the Books of
Registered Voters and the Book of Registration Certificates to
the Inspector or other person authorized by law to hold the Spe-cial
Election in his Election District, for the purpose of taking
the vote aforesaid, it shall be the duty of each Registrar to de-liver
the Register and the Book of Registered Voters which
was not used at the General Election held in the year 1932; the
several Registrars shall deliver the other of said Registers and
the other of said Book of Registered Voters to the Clerk of the
Peace of Kent County within one week after the Special Elec-tion.
In case from any cause there shall be vacancies among such
Registration Officers in any election district, such vacancies shall
be filled by the appointment of the Governor. Such vacancies
shall be filled at least twenty days before the first day fixed as
aforesaid for the sitting of said Registration Officers by the ap-pointment
of capable persons who are voters and resident in the
election district for which they shall be appointed ; and the fur-nishing
of lists of names by the County Committee of any Po-litical
Party shall not be necessary prerequisite for such appoint-ment.
The Registration Officers so appointed to fill vacancies, as
well as Registration Officers now in Office, shall give such bonds,
take such oaths, and perform such other qualifying acts to fill
such offices and fulfill the duties thereof as are provided by law
in that behalf.
CHAPTER 14
The Registration Officers serving for the Special Registra-tion
of voters herein provided shall conduct the registration of
CHAPTER 14
INTOXICATING LIQUOR
voters, advertise the dates, hours and places for their sitting to
register voters, post printed lists of additional registered voters,
issue and act upon Certificates of Removal from voting districts,
compare and correct the Registration Books, certify and verify
the Alphabetical Lists of Registered Voters and Registers, be
possessed of all the powers while sitting for such registration of
voters, and perform all of their official duties in the same manner,
as in the case of the registration of voters prior to a General
Election.
All penalties imposed by statute upon such Registration Offi-cers
for non-feasance or misfeasance in office, and upon all per-sons
for violations of law regulating the registration of voters
in this State shall be applicable to and in force in connection with
the special registration of voters herein provided for.
Appeals from said Registration Officers shall be obtained,
prosecuted and determined, and the decisions thereon certified,
acted upon and enforced, in the same manner and before and
by the same persons as in the case of Registration Appeals prior
to a General Election. For the purpose of hearing such appeals
the appropriate judge constituting under the law such tribunal
of appeal shall sit in the place designated by statute for such pur-pose,
on Tuesday the Thirtieth day of May, 1933, at 10 o'clock in
the forenoon, and from day to day thereafter so long as may be
necessary, to hear and determine such appeals.
The compensation of such Registration Officers and all the
costs and expenses of conducting such special registration shall
be ascertained and paid in the same manner, by the same author-ity,
within a reasonable time after the performance of their
duties as aforesaid as in the case of the registration of voters
prior to a General Election.
The said Registration Officers shall hold and dispose of said
Registers, Books of Registered Voters and said Books of Reg-istration
Certificates in the same manner, and deliver the same to
69
70
INTOXICATING LIQUOR
the same election and other officers, before, at and after the hold-ing
of said special eleetion for the taking of the vote aforesaid,
and for the purpose of taking of the vote aforesaid, as in the
case of the holding of a General Election.
Section 3. All qualified electors shall be entitled to vote
upon the question so to be submitted to them as aforesaid, under
the same conditions as such electors would be entitled to cast
their ballots at a General Election. The Special Election for the
taking of the vote provided for in this Act shall be held in the
several voting districts of the County, upon similar notice, at
the same places, by the same election officers, including clerks
and voter's assistants, and subject in all respects to the same
laws, so far as the same are applicable, as were employed, used
and enforced at the General Election in the year 1932.
In case from any cause there shall be vacancies among such
election officers in any election district, such vacancies shall be
filled by the Governor, by the appointment of suitable and duly
qualified persons to serve as such election officers in the vacan-cies
so then existing as aforesaid. Such vacancies shall be so
filled at least twenty days before the said date fixed for the hold-ing
of said election as aforesaid. The election officers so appoint-ed
to fill vacancies as well as election officers continued in office
as aforesaid, shall take such oaths and perform such other quali-fying
acts to fill such offices and fulfill the duties thereof, as are
provided by law in that behalf.
Section 4. The Sheriff of Kent County shall, after the 30th
day of May and before the 5th day of June 1933 deliver to the
Inspector of each election district, or other officer authorized
hereby to hold the election for taking the vote hereby provided
for therein, two suitable ballot boxes, with a piece of tape and
sealing wax, appropriate written or printed forms of tally lists,
of certificates of the result of election in said election district, of
the oaths or affirmations of the Inspector or other persons au-thorized
by law to hold the election therein, and of those to be
CHAPTER 14
CHAPTER 14
INTOXICATING LIQUOR
taken by the judges of the election, and also of the clerks who
shall be chosen to act at such election, and of the certificates of
administering such oaths or affirmations, with printed or written
direction as to correcting, completing and signing such oath or
affirmation and certificate of administering the same, and shall
also deliver to each inspector or other officer authorized by law
to hold the election as aforesaid a book of blank forms of oaths
or affirmations as provided for by law for general elections. The
ballot box, forms of oaths or affirmations to be administered to
the inspector or other officer authorized by law to hold the elec-tion,
and to judges of election, the forms for the certificates of
the qualification of such officers, the forms of oaths for the clerks
of said elections, and the certification of the administration of
said oaths so furnished, shall be such as are prescribed by law
for general elections.
The tally lists so furnished shall be in such form as is used
at such General Elections, except that in the margin, on the left
side of said tally lists, shall be written or printed, instead of any
names of persons to be voted for, the words "for license," and
the words "against license," with convenient space between the
same. Three forms of certificates, declaring the result of said
election, shall be so furnished, which may be according to the
following form, viz:
County and Election District of
Representative District, SS:
At the election held in said Election District, for the purpose
of taking the vote of the qualified electors upon the question,
whether the manufacture and sale of intoxicating liquors shall
be licensed or prohibited within the local option district consist-ing
of on the Tuesday next after the first Monday
in June, A. D. 1933, the votes stand as follows :
votes were received "for license"
votes were received "against license"
it
71
72
INTOXICATING LIQUOR
And we further certify that the clerks appointed by us were
duly sworn or affirmed according to law, and that we were duly
sworn or affirmed.
In Testimony whereof, we the Judges of said election for said
Election District, have hereunto set our hands the day and year
aforesaid."
On the said written or printed forms of certificates, before
the same shall be delivered by the Sheriff as above directed, the
name of the County, the Election District, and all representative
Districts, shall be inserted in the blanks for said purpose in the
foregoing form.
Section 5. The Clerk of the Peace of Kent County shall
cause to be prepared and printed all blanks and forms which shall
be necessary for the proper conducting and the due ascertainment
and certification of the results of the vote hereinbefore provided
for. The said Clerk of the Peace shall cause to be printed for
the several election districts, within Kent County, all necessary
ballots for said Special Election, which shall be in number not
less than four times the total vote of all parties at the preceding
General Election. Said Clerk of the Peace shall fold, wrap, tie,
mark and seal, and deliver said ballots and furnish and deliver
indelible black lead pencils or crayons, envelopes and rubber
bands, in the same manner as at a General Election. Said bal-lots
and said pencils or crayons, envelopes and rubber bands shall
be received from said Clerk of the Peace by the same officials, at
similar times and places, and by them held, treated, disposed of,
delivered and employed for the purposes of said Special Elec-tion,
in the same manner as the ballots and pencils or crayons,
envelopes, and rubber bands employed at a General Election. The
said envelopes shall be initialed by the Clerks, delivered to quali-fied
voters, deposited in the ballot boxes, and counted in the same
way as at a General Election.
CHAPTEU 14
INTOXICATING LIQUOR
The Election Officers conducting the said Special Election
shall take the same oaths and be otherwise duly qualified as at a
General Election. The Clerks of the Peace and Sheriff of the
County the inspectors or other persons conducting said election,
the judges and Clerks of said election, shall be subject to the same.
penalties for nonfeasance or misfeasance in office, and all other
persons shall be subject to such penalties for misbehavior rela-tive
to the Special Election herein provided for as are provided
by the laws relative to general elections in this State.
All the provisions and requirements of law looking to the
secrecy of the ballot, together with all penalties imposed for vio-lations
of the provisions of law looking to that end, shall apply
with full force to the Special Election herein provided for. The
ballot boxes used at said Special Election shall be delivered, held
and treated before, during and after the holding of said Special
Election, in the same manner as at a General Election.
Section 6. On the day fixed for the holding of the Special
Election for the taking of the vote aforesaid, the polls shall be
opened in the several voting districts between 8 and 9 o'clock in
the forenoon and remain continuously open until 7 o'clock in the
afternoon. Said polls shall be opened and closed, and the ballots
given during said election shall be counted and tallied in the same
manner, as at a General Election. Three certificates of the re-sults
of the taking of said vote in each voting district, upon the
blanks furnished said election officers as aforesaid, shall be made
out, signed, certified, placed in envelopes, held and disposed of in
the same manner as are corresponding certificates at General
Elections ; Provided that the two certificates which are not de-posited
in the ballot box shall be placed in the custody of the
Judges of Election, not being the inspector in each election dis-trict,
one to each, and each said Judge shall produce and deliver
said certificates to said Superior Court sitting as a Board of Can-vass
as aforesaid, at the Court House of Kent County at twelve
o'clock noon on the First Thursday following the said Special
Election.
CHAPTER 14 73
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INTOXICATING LIQUOR
Section 7. The Superior Court in Kent County constituted
as in case of a General Election, shall convene at 12 o'clock noon
in the County Court House of Kent County on the First Thurs-day
following the said Special Election, and publicly ascertain the
state of the vote cast at such Special Election, in the same man-ner
and with the same powers as said Court, under the law, can-vasses
the result of General Elections. For the purpose of such
canvass of said vote the ballot boxes containing the ballots cast
at said Special Election together with all other their contents, as
in the cast of the General Election, shall be produced before said
Court sitting as said Board of Canvass, and afterwards disposed
of as in the case of a General Election. Upon the ascertainment
of the results of said election by said Court sitting as such Board
of Canvass, the said Court shall make two certificates showing
the result of the taking of said vote in each of said Local Option
districts within Kent County, which certificates shall be in the
following form :
"State of Delaware
County
BE IT REMEMBERED, that at the election held on the
Tuesday next after the first Monday in June in the year of 1933,
for the purpose of taking the vote of the qualified electors of
in the State of Delaware, comprising the
Local Option Districts in Kent County, upon the question whether
the manufacture and sale of intoxicating liquors shall be licensed
or prohibited within the limits of said district, according to the
Constitution and Laws of the State of Delaware
votes were given for license and votes were given
against license, which is manifest by calculating and ascertaining
the aggregate amount of all the votes given in all the election dis-tricts
of the Local Option District aforesaid, according to the pro-visions
of the Constitution and laws made in this behalf.
IN TESTIMONY WHEREOF, we . . and
constituting the Superior Court
for Kent County, who have met and ascertained the state of the
CHAPTER 14
CHAPTER 14 75
INTOXICATING LIQUOR
vote throughout the said Local Option District of that County as
the Law requires, have hereunto set our hands and caused the
seal of the said Superior Court to be hereunto affixed at the
Court House in said County, on this day
of June, A. D. 1933."
The said Superior Court shall, within three days after mak-ing
the certificates of the results of taking said vote at said elec-tion,
either personally or by a person deputed by it for that pur-pose,
transmit, deliver and lodge one of said certificates in the
office of the Clerk of the Peace of Rent County, in which said
Local Option District is located, and one in the office of Secretary
of State.
Upon the deposit in the office of Secretary of State, for Local
Option District of Kent County, the Governor shall, nithout de-lay
examine said certificate, and therefrom ascertain the result
of said vote in the Local Option District aforesaid, and forthwith
proclaim the results of said election in that particular Local
Option District by publishing the result of said vote in one or
more public newspapers of Kent County.
Section 8. The results of the vote taken in each of the said
districts shall be determined by the ballots cast in the said elec-tion
districts of Kent County and same shall be counted and con-sidered
in determining the result of the taking of said vote in
that particular county.
Section 9. All of the cost and expenses of the said Special
Election shall be paid by the Levy Court of Kent County.
Section 10. The ballots to be used in the taking of said vote
shall be printed upon white paper of uniform appearance and
quality and of the uniform size of three by six inches. Each of
said ballots shall have a printed line in the middle thereof extend-ing
from the top to the bottom, with the words "against license"
printed clearly and legibly on the right hand side of said line ; and
76
the words "for license" on the left hand side of said line ; in vot-ing,
each qualified elector shall mark his ballot with a pencil or
crayon provided for the said Election by crossing two lines either
on the side of the line aforesaid on which the words "against li-cense"
appear, or on the side of said line on which the words "for
license" are printed. Every ballot cast under the provisions of
this Act, marked as aforesaid anywhere on the right hand side
of the printed line aforesaid, shall be counted as a vote against
license, and every ballot marked as aforesaid on the left hand
side of the printed line aforesaid shall be counted as a vote for
license.
Section 11. That if it shall appear at said election that a
greater number of votes have been cast for license than against
license in any of said districts, it shall not be unlawful for any
person or persons, firm, company, association or corporation, or
the agent, officer or servant of any firm, company, association or
corporation, to manufacture or sell spirituous, vinous or malt
liquors within said district by reason of any previous election in
said district ; but where the majority of the votes were cast
against license, it shall he unlawful to manufacture or sell spir-ituous,
vinous or malt liquors within said district.
Approved March 22, 1933.
INTOXICATING LIQUOR
CHAPTER 11
77
CHAPTER 15
INTOXICATING LIQUOR
AN ACT providing for the submission to the vote of the qualified
Electors of Sussex County, as one District, as mentioned in
Section 2, Article 13, of the Constitution of the State of Del-aware,
the Question whether the Manufacture and Sale of
Intoxicating Liquors Shall be Licensed or Prohibited Within
the Limits of Said District in Accordance with said Article
13, of said Constitution.
Be it enacted by the Senate and House of Representatives of
the State of Delaware in General Assembly met:
Section 1. That on Tuesday next after the first Monday of
June, 1933, in Sussex County, as one district, as mentioned in
Section 2, Article 13, of the Constitution of the State of Delaware,
the question whether the manufacture and sale of intoxicating
liquors shall be licensed or prohibited within the limits of the said
district, shall be submitted to the vote of the qualified electors of
the said districts.
Section 2. It shall be the duty of the Registration officers of
the respective election districts in Sussex County, now in office, to
sit on the third and fourth Saturdays immediately preceding the
day herein prescribed for taking the vote aforesaid, from 8 o'clock
a. m. until 7 o'clock p. m. with an intermission from 12 o'clock
mid-day to 1 o'clock p. m. at the plaee in each election district
where it is proposed to take the vote 'aforesaid, or at some con-venient
and suitable other place in said election district, and at
such sittings to add to the Registers and Books of Registered
voters of their respective election districts, the names of all per-sons
applying to them who may have become qualified to vote
since the day of the last General Election, or. who may become
qualified to vote, by the day of such Special Election, or who,
being otherwise qualified to vote did not become registered prior
to said last General Election.
INTOXICATING LIQUOR
The said Registration Officers, within one week before their
first sitting as provided for in this section, shall procure from the
Clerk of the Peace of Sussex County, the two Registers and the
two Books of Registered Voters, and the Books of Registration
Certificates, for their respective election districts. It shall be the
duty of said Clerk of the Peace to deliver said books to the said
Registration Officers when the same shall be applied for as afore-said.
On delivering one of the Registers and one of the Books of
Registered Voters and the Book of Registration Certificates to
the Inspector or other person authorized by law to hold the Spe

LAWS
OF THE
STATE OF DELAWARE
PASSED AT A
Special Session Of The
One Hundred and Fourth
General Assembly
COMMENCED AND HELD AT DOVER
On Tuesday, November 15, A. D.
1932
AND
IN THE YEAR OF THE INDEPENDENCE OF THE UNITED STATES
THE ONE HUNDRED AND FIFTY- SEVENTH
VOLUME XXXVIII- PART I
J. LAURANCE BANKS, INCORPORATED
WILMINGTON, DELAWARE
1933